Michigan Court Allows State Fraud Claim Against Medtronic to Continue

A Michigan district court judge ruled last week that product liability claims against an FDA-approved medical device manufacturer were preempted by federal law and dismissed them, but did allow part of the fraud claim against manufacturer Medtronic to proceed at the state level.

In the Canary v. Medtronic, Inc. decision, District Judge Nancy G. Edmunds disagreed with the manufacturer that current GMPs are too broad to serve as a basis for argument that state law product liability claims are preempted by federal law.

The takeaway for device manufacturers? A properly crafted plaintiff claim of federal GMP violations can support product liability claims in a state court.