Products Liability – Medical Device – Preemption – Manufacturer Rep Presence
By Deborah Elkins
Published: July 28, 2008
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.
![[Print]](http://valawyersweekly.com/wp-content/plugins/dmc_sociable_toolbar/print.png)
![[Email]](http://valawyersweekly.com/wp-content/plugins/dmc_sociable_toolbar/email_2.png)
![[RSS Feed]](http://valawyersweekly.com/wp-content/plugins/dmc_sociable_toolbar/rssfeed.png)
![[del.icio.us]](http://valawyersweekly.com/wp-content/plugins/dmc_sociable_toolbar/delicious.png)
![[Facebook]](http://valawyersweekly.com/wp-content/plugins/dmc_sociable_toolbar/facebook.png)
© Copyright 2012 Virginia Lawyers Media. All Rights Reserved.
VLW Verdicts & Settlements
Virginia Lawyers Weekly is pleased to introduce the VLW Verdicts & Settlements database. Subscribers have free access to the beta version for a limited time. Target your search based on jurisdiction, judge, lawyer, expert or injury.
Search the Verdicts & Settlements Database
Submit a Verdicts & Settlements Report
 |
GET THE VLW DAILY ALERT
The Daily Alert from Virginia Lawyers Weekly brings you the latest legal news every morning in your e-mail. You’ll get headline news, a link to the day’s Top Opinion and more!
Click here to sign up for the Alert
STAY CONNECTED WITH VLW
Stay up-to-date with the latest news and information from Virginia Lawyers Weekly by subscribing to our RSS feeds and visiting our social media pages.
POST A COMMENT