The case, which alleges a defect resulted in the birth of a stillborn and injuries, doesn’t involve questions of federal law that could give federal courts jurisidiction, the U.S. Court of Appeals for the Fourth Circuit said March 14.
The appeals court vacated rulings by a district court, which after finding jurisdiction, had dismissed the suit as preempted by federal medical device law.
The Fourth Circuit sent the case back to a North Carolina state court and didn’t reach the preemption ...