Elbert v. Howmedica, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that' MDA and underlying FDA regulations did not preempt state tort claims allegedly caused by the same prosthetic knee device at issue in the case at bar
• since Class II devices \do not have nearly as extensive requirements imposed upon them\ as Class III devices, preemption does not apply for Class II devices absent regulation other than identification regulation
• since Class II devices “do not have nearly as extensive requirements imposed upon them” as Class III devices, preemption does not apply for Class II devices absent regulation other than identification regulation

Source: CourtListener parenthetical corpus (CC0).