medical-device

6 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-1016 William Facteau and Patrick Fabian v. United States First Circuit 2024-03-15 Denied Amici (1) arbitrary-enforcement fda-regulations fifth-amendment first-amendment interstate-commerce medical-device off-label-use truthful-speech 1. Whether FDA's "intended use" regulations violate the First Amendment by requiring manufacturers to refrain from truthful, non-misleading speech abo…
20-955 Delva Newhouse, Administratrix of the Estate of William Perry Newhouse, III v. Ethicon, Inc., et al. Fourth Circuit 2021-01-14 Denied Relisted (2) civil-rights due-process federal-law fraud-upon-court fraud-upon-the-court judicial-discretion medical-device product-liability rule-60 summary-judgment DID THE U.S. DISTRICT COURT AND U.S. FOURTH CIRCUIT COURT OF APPEALS JUSTICES ABUSE THEIR DISCRETION, CREATE MANIFEST INJUSTICE, SUBSTANTIALLY ERR, PR…
20-5094 Anita Laux v. Mentor Worldwide, LLC Ninth Circuit 2020-07-16 Denied Response WaivedRelisted (2)IFP cgmps circuit-split current-good-manufacturing-practices federal-requirements food-drug-cosmetic-act medical-device medical-device-preemption parallel-claims preemption state-law-claims twombly-iqbal (1) Whether state-law claims against a medical device manufacturer, based on duties that parallel federal requirements, preempted by the Medical Devic…
19-8689 Rebeca Lawrence v. Medtronic Ninth Circuit 2020-06-12 Denied Response WaivedIFP adverse-events failure-to-warn fda-reporting fda-requirements fraud fraud-allegations medical-device pre-market-approval preemption product-liability reliance 1. What is the scope of the FDA's requirements of reporting of adverse events and whether Title 21 §803.50; Title 21 §803.56; and Title 21 §814.84 exp…
19-869 Nicole Weber v. Allergan, Inc. Ninth Circuit 2020-01-13 Denied class-iii-device class-iii-medical-device current-good-manufacturing-practices fda-preemption fda-premarket-approval manufacturing-defect medical-device product-liability res-ipsa-loquitur Nicole Weber suffered severe damage to her eyesight and other injuries when an Allergan breast implant spewed silicone into her body. Nicole sued, ass…
18-5819 Gregory D. Kilpatrick v. Jessie Fields Second Circuit 2018-08-30 Denied Relisted (2)IFP civil-procedure civil-rights diagnostic-procedure due-process free-speech infectious-disease laboratory-methods lysate-contamination medical-device medical-testing patent sample-analysis standing takings WHH CEFUSE fRO-SEPLAIN DID 174031 TO GNE TIFF THE PRES CPIPTTON'S CON SISTINE OF DIS POSABLE HIPODERMIC NEEDLE SYCINOES AND LIQUID VIAL MEDICINE TO CU…