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Dillon v. Medtronic, Inc.

992 F. Supp. 2d 751 (2014)

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Dillon v. Medtronic, Inc.

United States District Court for the Eastern District of Kentucky
992 F. Supp. 2d 751 (2014)

Facts

Winston and Teresa Dillon (plaintiffs) sued Medtronic, Inc. (defendant) in Kentucky state court, alleging various state-law claims including negligence, products liability, and fraud. The Dillons claimed that Winston was injured during spinal-fusion surgery when his surgeon used a Medtronic medical device in a manner not approved by the Food and Drug Administration and that Medtronic illegally promoted such off-label use. Medtronic removed the case to federal court, asserting that the Dillons’ claims were preempted by federal law. The Medical Device Amendments to the Food, Drug, and Cosmetic Act regulated medical devices and expressly preempted state requirements that differed from federal standards. However, the statute provided no private cause of action for consumers. The Dillons moved to remand.

Rule of Law

Issue

Holding and Reasoning (Thapar, J.)

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