Federal medical device law does not preempt a family’s design and manufacturing defect claims that their daughter was harmed by a defective Advanced Bionics HiRes 90k cochlear implant, the U.S. District Court for the Northern District of Iowa held July 24 (Eggerling v. Advanced Bionics, LLC, N.D. Iowa, C 11-4104-MWB, 7/24/13).
Plaintiffs Dennis and Melissa Eggerling stated viable, non-preempted “parallel” claims against Advanced Bionics LLC, the court said. They alleged the implant maker substituted a part manufactured by a vendor that had not been approved by the Food and Drug Administration.
The Eggerlings’ claims based on Advanced ...
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