Kentucky Appeals Court: Investigational Device Claims Are Preempted By Federal Law

(November 13, 2018, 1:18 PM EST) -- FRANKFORT, Ky. — A Kentucky state appeals court panel on Nov. 9 affirmed preemption dismissal of a heart catheter injury claim, saying the Food and Drug Administration’s approved of the then-experimental device preempts state law claims and that a subsequent recall of catheters did not apply to the one involved in the plaintiff’s case (Clifford Russell Jr., et al. v. Johnson & Johnson, Inc., et al., Nos. 2017-CA-000866 and 2018-CA-000195, Ky. App., 2018 Ky. App. LEXIS 268)....

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