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McCORMICK v. MEDTRONIC

No. 670, Sept. Term, 2013.

101 A.3d 467 (2014)

219 Md. App. 485

Steven L. McCORMICK, et ux. v. MEDTRONIC, INC., et al.

Court of Special Appeals of Maryland.

October 6, 2014.

Attorney(s) appearing for the Case

George S. Tolley, III (Dugan, Babij & Tolley, LLC, Timonium, MD), Bijan Esfandiari (Baum, Hedlund, Aristei & Goldman PC, Los Angeles, CA) (Cara J. Luther, Baum, Hedlund, Aristei & Goldman PC, Washington, D.C.), on the brief, for appellant.

Lindsay S. Goldberg (Laura S. Colton, Hogan, Lovells, US LLP, Baltimore, MD), Andrew E. Tauber (Scott M. Noveck, Mayer, Brown, LLP, Washington, D.C.), all on the brief, for appellee.

Panel: MEREDITH, BERGER, ARTHUR, JJ.

ARTHUR, J.

This case principally concerns the extent to which federal law expressly or impliedly preempts state common-law and statutory claims for personal injuries that resulted from the so-called "off-label" promotion of a medical device.

Relying on one of the first of what are now numerous federal district court decisions concerning the specific device at issue in this case, the Circuit Court for Montgomery County ruled that federal law preempted all of...

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