Stephen Masciocchi and Jessica Smith Tenth Circuit Explains and Applies the Scope of Federal Preemption of Product Liability Suits Based on Medical Device Failures
The Tenth Circuit waded into the "legal quagmire" facing parties who plead state-law claims for failure of a medical device and attempt to avoid preemption under the Medical Device Amendments to the federal Food, Drug, and Cosmetics Act.
March 22, 2021 at 10:00 AM
6 minute read
In Brooks v. Mentor Worldwide, 985 F.3d 1272 (2021), the U.S. Court of Appeals for the Tenth Circuit waded into the "legal quagmire" facing parties who plead state-law claims for failure of a medical device and attempt to avoid preemption under the Medical Device Amendments (MDA) to the federal Food, Drug, and Cosmetics Act (FDCA). Id. at 1276. Holding that plaintiffs failed to thread the needle, the circuit court affirmed the dismissal of their product liability claims.
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