Another Multi-Million Dollar Settlement for Attorney David Shoop

BEVERLY HILLS, Calif. - Aug. 7, 2013 - PRLog -- The confidential settlement of these claims involving implantable, Class III medical devices occurred subsequent to FDA recall.  In April of
2013, the attorneys at SHOOP | A PROFESSIONAL LAW CORPORATION secured a $5.1 million verdict against Peerless Insurance, a Liberty Mutual Company, for bad faith claims handling practices. 

 SHOOP | A PROFESSIONAL LAW CORPORATION's most recent settlement of claims involved a Class III medical device with premarket approval ("PMA") by the FDA.  Notably, PMA is the FDA process of regulatory review to evaluate the safety and effectiveness of Class III medical devices.  Medical device manufacturers could previously seek comfort in the Supreme Court decision of Riegel v. Medtronic, Inc., 128 S. Ct. 999 (2008), which held that state requirements that are “different from, or in addition to” requirements imposed by federal law are expressly preempted under federal law - but not anymore in California. 

 The Ninth Circuit court unanimously concluded in Stengel v. Medtronic Inc.2013 WL 106144 (9th Cir. Jan. 10, 2013) that, “in cases dealing with violations of the MDA outside the pre-market approval process, the MDA does not preempt state-law causes of action for damages in which the state-law duty ‘parallels’ the federal-law duty under the MDA.” The Ninth Circuit reasoned that, because the failure-to-warn FDA claim paralleled a federal duty to notify FDA of known risks, the claim was not preempted, either expressly or impliedly, under the MDA.  Going forward in California, the trend seems to be a presumption against preemption, which is clearly born of the Ninth Circuit's common sense application of the law which no longer allows for blanket immunity of medical device manufacturers when they place defective products into the stream of commerce. 

The product liability attorneys at SHOOP | A PROFESSIONAL LAW CORPORATION specialize in pleading claims as against medical device manufacturers and currently have multiple claims and cases pending for strict products liability as well as deviations from current good manufacturing practices.  If you or a loved one have suffered injury as a result of use or interaction with a defective product or medical device, please contact us for a free consultation to discuss your legal rights. Learn more about the firm on their website at: http://www.losangelesproductliabilityfirm.com.

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