Not too long ago, the Sixth Circuit – in an unpublished opinion in a below-the-radar case – held that a PMA medical device plaintiff had successfully threaded the preemption needle in Howard v. Sulzer Orthopedics, Inc., ___ Fed. Appx. ___, 2010 U.S. App. Lexis 12290, slip op. (6th Cir. June 16, 2010) (it’s also in pour device preemption scorecard). The one claim that the court held survived summary judgment was a negligence per se claim (more…)