Federal Appellate Court Rules State-Based Claims Alleging Defective Cardiac Defibrillator Were Preempted
In its unpublished opinion dated October 18, 2021, the United States Court of Appeals for the Fifth Circuit stated, “21 U.S.C. § 360k … expressly preempts state laws which impose “different” or “addition[al]” safety requirements on medical devices subject to the FDA’s PMA [pre[...]