Federal Medical Device Requirements Expressly Preempt Woman's Claims

INDIANAPOLIS - A plaintiff's failure to show that the requirements of her state's product liability act are not different from the requirements of the federal Medical Device Amendments to the Food, Drug, and Cosmetic Act mandates dismissal of her state-law claims on preemption grounds, an Indiana federal court has ruled. Thornburg v. Stryker Corp., et al., No. 05-1378 (S.D. Ind.).

On July 3, the U.S. District Court for the Southern District of Indiana approved and adopted the recommendations of Magistrate Judge Tim A. Baker, who stated that the express provision for preemption in Section 360(k)(a) of the MDA applies to …