Arizona High Court Puts Stengel Claims In Doubt
By Colleen McElroy and Brendan Krasinski ( February 22, 2019, 2:30 PM EST) -- The Arizona Supreme Court blazed a new trail in December when it unanimously rejected the Ninth Circuit's key 2013 holding in Stengel v. Medtronic[1] – "that the [Medical Device Amendments] did not expressly or impliedly preempt plaintiffs' Arizona common law failure-to-warn claim based on Medtronic's alleged failure to submit adverse event reports to the [U.S. Food and Drug Administration]."[2]...
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