9th Cir. Orders New Trial in Pain Pump Case, Citing Instructional Error

SAN FRANCISCO — A federal court erred in refusing to provide a jury with certain instructions in a pain pump injury case, since the instructions were not federally preempted under Buckman Co. v. Plaintiffs’ Legal Committee, the 9th Circuit U.S. Court of Appeals has ruled.

On Jan. 23, the 9th Circuit U.S. Court of Appeals ordered a new trial in the pain pump case, finding that the plaintiff has not alleged any fraud on the Food and Drug Administration and, as such, the Medical Device Act does not preempt her claims.

Christina McClellan underwent two shoulder surgeries. After each surgery, …