Plaintiffs have a tough time suing medical device companies for state law breach-of-warranty claims because they are often preempted by federal law.
But Austin attorney Jeff Meyerson beat those odds when he recently convinced the U.S. Court of Appeals for the Fifth Circuit to reverse a preemption of his client's warranty case against the manufacturer of an electronic pain-relieving device because it was "parallel'' to federal requirements imposed by the U.S. Food and Drug Administration (FDA).
The background to his win in Wildman v. Medtronic is as follows, according to the court opinion.
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John Council
Senior reporter John Council is a native Texan who covers litigation and appellate courts in his home state. Contact him at [email protected]. On Twitter: @john_council
