November 1, 2017 / 8:18 PM / a year ago

5th Circuit reverses judgment in Medtronic warranty suit

A federal appeals court on Tuesday allowed a man to pursue a breach of warranty claim against Medtronic Inc over a pain relief device he claims broke down less than two years after it was implanted, leading to disfiguring injuries.

In their unanimous decision, the three appeals court judges of the U.S. Court of Appeals for the 5th Circuit said Ray Wildman’s claim was not preempted by federal law despite the device’s approval by the Food and Drug Administration.

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