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Products Liability – Medical Device – Preemption – Manufacturer Rep Presence

A woman’s products liability warranty and design claims against the manufacturer of a NovaSure device used during endometrial surgery are preempted under the 1976 Medical Device Amendments, but she may amend her complaint to state a negligence claim against the manufacturer based on allegations that the manufacturer’s rep was in the OR and negligently directed the surgeon in use of the device, a Danville U.S. District Court holds.
Adkins v. Cytyc Corp. (Kiser, J.) No. 4:07cv00053, July 3, 2008; USDC at Danville, Va. VLW 008-3-244, 6 pp.