Federal Judge Denies Motion to Dismiss Claims in Zofran Birth Defect Cases
A federal judge in Massachusetts has denied a motion by drug maker GlaxoSmithKline to dismiss cases alleging that the drug Zofran (ondansetron) caused birth defects on the grounds that federal law preempts state failure-to-warn claims. Federal law is the “supreme” law of the land and when a federal law conflicts with a state law, … [Read more...]
Medtronic Fights to Have InFuse Injury Claims Preempted by Federal Law
Medtronic InFuse Injury Claims. With numerous lawsuits filed against it over injuries attributed to its InFuse bone growth device, device maker, Medtronic Inc., has been trying to convince various courts nationwide that the federal preemption clause of the federal Food, Drug and Cosmetic Act frees the company from liability for the … [Read more...]