‘Self-Imposed’ Preemption Pleading Standard Backfires In 3rd Circuit Device Case

Mealey's (November 18, 2020, 8:19 AM EST) -- PHILADELPHIA — An attempt by plaintiffs to head off a preemption defense in a blood vessel medical device case created a “self-imposed heightened pleading standard” that the plaintiffs failed to meet, a two-judge quorum of the Third Circuit U.S. Court of Appeals ruled Nov. 3 in affirming dismissal of the case (Andrea Irizarry, et al. v. Abbott Laboratories, et al., No. 19-3574, 3rd Cir., 2020 U.S. App. LEXIS 34661)....