Failure-To-Warn Claim Proceeds in Ohio Federal Filshie Clip Action



DOCUMENTS
  • Order


COLUMBUS, Ohio — An Ohio federal judge has allowed a failure-to-warn claim to proceed against the makers of long-term birth control device Filshie Clips, ruling the claim is not preempted by the Food, Drug and Cosmetic Act because the plaintiff alleged violation of an Ohio state law that parallels federal regulations.

However, the judge dismissed the claims for design and manufacturing defect, ruling they are impliedly preempted because they impermissibly seek to hold defendants liable for misrepresentations made to the Food and Drug Administration.

Amy Arnold underwent a tubal ligation procedure in 2003 using Filshie Clips — silicone-lined titanium medical …

FIRM NAMES
  • Frantz Ward LLP
  • Griffin Purnell LLC
  • Henry Law Firm
  • Mayer LLP





UPCOMING CONFERENCES




HarrisMartin's MDL Conference

July 24, 2024 - Portland, ME
The Westin Portland Harborview

MORE DETAILS



HarrisMartin's Midwest Asbestos Litigation Conference

September 27, 2024 - St. Louis, MO
Four Seasons Hotel, St. Louis

MORE DETAILS