Rene Leach and others raised non-preempted, “parallel” claims that Essure was defectively manufactured, the Indiana Court of Appeals said.
Federal medical device law bars most state-law claims against makers of devices, like Essure, that underwent the Food and Drug Administration’s premarket approval process.
Claims against manufacturers can survive preemption if there is a state-law duty that parallels a federal requirement applicable to the device.
The plaintiffs here alleged that ...