Negligence Claim Against Abbott in Heart Valve Case Preempted, Calif. Appeals Court Rules

LOS ANGELES — A claim filed against Abbott Laboratories Inc. in connection with its representative’s allegedly negligent conduct during a surgery is preempted because it seeks to impose state law requirements that are "different from, or in addition to" those mandated by federal law, a California appeals court has ruled.

In a Dec. 21 order, the California Court of Appeal, 2nd District, explained that “federal law expressly preempts any claim that would allow a fact finder to employ a duty of care different from or in addition to the FDA's requirements.”

Here, the plaintiff alleged the Abbott representative was required …