Category — Fourth Circuit
Fourth Circuit Affirms Preemption-Based Dismissal of Device Claim
Jan. 26, 2012 – On Wednesday, January 25, the Fourth Circuit affirmed a West Virginia federal court’s decision dismissing a claim involving a Class III, FDA-approved Medtronic SynchroMed pump on grounds it was preempted by the express preemption provision of the 1976 Medical Device Amendments (“MDA”) to the Food, Drug, and Cosmetics Act. The case is Walker v. Medtronic, Inc., No. 10-2219 (4th Cir. Jan. 25, 2012). 
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January 26, 2012 Comments Off
