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Tag Archives: Preempted
Paxil Suit Not Pre-Empted
A suit brought by the family of a teenager who committed suicide in 2002 after taking the anti-depressant drug Paxil may proceed because the U.S. Food and Drug Administration (FDA) had not yet taken a position on whether there was… … Continue reading
Wisconsin Supreme Court Rules Product Liability Claim Against Device Manufacturer Preempted
The Wisconsin Supreme Court ruled yesterday that state law tort claims against the manufacturer of an FDA-approved medical device are preempted. In Blunt v. Medtronic, 2009 WL 367768 (Wis., 2-17-09), the Wisconsin court concluded that the U.S. Supreme Courts ruling… … Continue reading
Posted in Products Liability
Tagged against, claim, Court, device, Liability, Manufacturer, Preempted, Product, Rules, Supreme, Wisconsin
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Geogia Supreme Court Finds Vaccine Suit in Autism Case Not Preempted
The Georgia Supreme Court, in a ruling that conflicts with two federal district courts and state courts in New York and Pennsylvania, has concluded that a suit brought by parents of an autistic child against a vaccine manufacturer is not… … Continue reading
Benzene Exposure Failure-to-warn Claim Preempted by OSHA Regulations
A Minnesota DIstrict Court dismissed a wrongful death action brought by the family of a former industrial worker against the makers of benzene-containing products to which he was allegedly exposed in his workplace. OSHA regulations that govern warning and labeling… … Continue reading
Posted in Products Liability
Tagged Benzene, claim, exposure, FailuretoWarn, OSHA, Preempted, Regulations
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Teflon Paste Failure-to-Warn Claim Preempted by Medical Device Amendments
In yet another case, a court has ruled that a failure to warn claim regarding a Class III medical device is preempted by the FDAs approval of the product for sale. In Mathis v. E.I. dupont De Nemours & Co.,… … Continue reading
Posted in Products Liability
Tagged Amendments, claim, device, FailuretoWarn, Medical, Paste, Preempted, Teflon
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