· 3/14/2006
Gomez v. St. Jude Medical Daig Division Inc.
Citations
- 442 F.3d 919
- 2006 U.S. App. LEXIS 6147
- 2006 WL 620785
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that design defect, failure-to-warn, and breach of express warranty claims under LPLA were preempted by § 360k(a)
- holding a breach of express warranty claim preempted when the warranty was part of a medical device’s “Instructions for Use” that was reviewed and approved by the FDA
- noting that claims based on “marketing that complied with the FDA-approved requirements” could not be maintained because success on such claims “requires a showing that the FDA requirements themselves are deficient”
- noting that plaintiff must “eliminate alternative causes with ‘reasonable certainty’ ”
- affirming summary judgment of LPLA failure to warn claim against collagen plug manufacturer based on preemption
- finding LPLA 5 Case: 20-30793 Document: 00516058015 Page: 6 Date Filed: 10/18/2021 No. 20-30793 defective-design and failure-to-warn claims for an allegedly defective PMA- approved medical device preempted by § 360k
Source: CourtListener parenthetical corpus (CC0).
Judges: King, Davis, Rosenthal
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.