Two of the cases on our medical device preemption scorecard have been:
Johnson v. Endovascular Technologies, Inc., 2008 WL 3139424 (Cal. Super. May 19, 2008). Express warranty and failure to test claims are preempted under Riegel. Allegations amounting to fraud on the FDA are preempted by Buckman. Plaintiff has appealed this case.

McGuan v. Endovascular Technologies, Inc., 2008 WL 3139418 (more…)