federal preemption Archives - Medical Malpractice Lawyers

Federal Appellate Court Revives Tylenol Autism Claims

July 15, 2026

In its Opinion dated July 13, 2026, the United States Court of Appeals for the Second Circuit overturned dismissals of Plaintiffs’ failure-to-warn claims under state law relating to acetaminophen, the active ingredient in Tylenol and its generic equivalents. The Plaintiffs are children, parent[...]

Federal Appellate Court Applies Preemption In Reversing Verdict Against Pharmaceutical Company

March 9, 2021

The United States Court of Appeals for the Fourth Circuit (“Federal Appellate Court”) held in its published opinion dated January 6, 2020: “Boehringer [Boehringer Ingelheim Pharmaceuticals, Inc.] did not have “newly acquired information” regarding an optimal Pradaxa blood conce[...]

Massachusetts Supreme Court Holds Dismissal Of State-Law-Based Medical Device Claim Was Appropriate

February 24, 2021

The Massachusetts Supreme Court held in it opinion filed on January 29, 2021 in a defective medical device case that “the complaint does not proffer sufficient factual assertions that plausibly establish causality between Genzyme’s purportedly tortious activities and Dunn’s injurie[...]

Federal Appellate Court Overturns $3M Verdict Against Paxil Manufacturer For Suicide Death

September 17, 2018

The United States Court of Appeals for the Seventh Circuit (“Federal Appellate Court”) overturned a $3 million Illinois state verdict against GlaxoSmithKline LLC (“GSK”), which marketed paroxetine under the Paxil brand name in the United States using the FDA‐approved label [...]

Federal Appellate Court Allows Some State Law Claims In Medical Device Lawsuit

April 8, 2018

The United States Court of Appeals for the Third Circuit (“Federal Appellate Court”) addressed the issue of how courts should apply the federal express preemption provision to state law tort claims challenging the design and manufacture of a medical device comprised of multiple component[...]

Kentucky Appellate Court Affirms No Arbitration For Nursing Home Wrongful Death Claim

October 12, 2017

The Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) rendered its opinion on September 22, 2017 in a Kentucky nursing home wrongful death claim in which the defendant nursing home sought to compel arbitration pursuant to the arbitration agreement that the nursing ho[...]

Florida Supreme Court Orders Disclosure Of Adverse Medical Incidents To Medical Malpractice Plaintiff

February 13, 2017

In its opinion filed on January 31, 2017, the Supreme Court of Florida (“Florida Supreme Court”) addressed whether the records that patients in Florida have a right to access under article X, section 25, of the Florida Constitution (“Amendment 7”), specifically records relati[...]

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