Hemostatic Device Claims Preempted, But Judge Allows Parallel Claim Amendment
(August 30, 2016, 3:19 PM EDT) -- SAN DIEGO — A plaintiff’s negligence claims involving a hemostatic device are preempted by federal law, but a California federal judge on Aug. 22 allowed the plaintiff leave to file an amended complaint that makes specific allegations that her claims parallel, rather than conflict with, federal regulations and are not preempted (Kimberly Weaver, et al. v. Ethicon, Inc., et al., No. 16-257, S.D. Calif.; 2016 U.S. Dist. LEXIS 111761).
(Order available. Document #28-160901-011R.)
On Nov. 25, 2014, Kimberly Weaver underwent sinus surgery in which a surgeon...