The Fifth Circuit recently held in Bass v. Stryker Corp. that a plaintiff's manufacturing-defect claims were not preempted by federal law. The plaintiff complained of defects in a component of his artificial hip, and the Fifth Circuit held that all of his claims that were premised on a marketing defect (failure to warn) were preempted. But his manufacturing-defect claims were not preempted because they were based on allegations of failure to comply with FDA regulations. Since those claims "parallel" FDA requirements, they are not preempted.
Click here to read the court's opinion.
-- Scott Stolley, Thompson & Knight
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