Arizona Supreme Court: Drug Pump Warning Claim Is ‘Impliedly Preempted’

(December 19, 2018, 11:32 AM EST) -- PHOENIX — The Arizona Supreme Court on Dec. 18 overturned a state appellate court and disagreed with a federal appeals court in finding that an Arizona common-law failure-to-warn claim for failure to submit adverse event reports about a drug pump to the Food and Drug Administration is “impliedly preempted” (Raymond R. Conklin, II, et al. v. Medtronic, Inc., et al., No. CV-17-0322-PR, 2018 Ariz. LEXIS 463)....

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