Cervical Device Lawsuit to Proceed Against Globus Medical in Calif. Federal Court

SACRAMENTO, Calif. — A California federal court has allowed a lawsuit involving a cervical spacing device to proceed against Globus Medical Inc., ruling that the claims of negligence, failure to warn, and fraud are not impliedly preempted because they are rooted state law and do not exist solely by virtue of the Food, Drug and Cosmetic Act.

In an Aug. 18 order, the U.S. District Court for the Eastern District of California further held that the “economic loss rule” does not bar the plaintiff from pleading economic injury for her fraud claim.

In September 2010, Christina Bird underwent a …