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· 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 CourtListener

Sourced 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.