Failure-To-Warn, Strict Liability, Negligence Claims Involving Class III PMA Device Survive Preemption

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Failure-To-Warn, Strict Liability, Negligence Claims Involving Class III PMA Device Survive Preemption

Dennis Tosh

April 4, 2024 at 11:49 AM EST

A federal district court in Rhode Island has held that failure-to-warn, strict liability and negligence claims brought against the manufacturers and distributors of a Class III device approved by the FDA through the agency’s premarket approval (PMA) process were not preempted by federal law (Franks v. Coopersurgical, Inc., No. 1:22-cv-00046, 2024 U.S. Dist. LEXIS 45067, 2024 W... Read More

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Failure-To-Warn, Strict Liability, Negligence Claims Involving Class III PMA Device Survive Preemption

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