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# Attorney Praises ‘Complete PMA Preemption’ Win
- URL: https://www.fdaweb.com/attorney-praises-complete-pma-preemption-win/
- Published: 2016-05-03T12:00:00.000Z
- Updated: 2026-09-14T20:58:57.000Z
- Author: David McFarland
- Tags: Devices, #legacy-id-D5135559

Attorney **Michelle Yorty** (Dechert) is praising a Texas federal court decision that threw out with prejudice all claims against Covidien from a patient who claimed that the company’s embolization device that was implanted in her brain caused her to suffer a blocked blood vessel that led to mini strokes and injuries. Yorty says in a blog [post](http://www.lexology.com/library/detail.aspx?g=ae0eacd2-2e71-4cc5-8a5b-cce5b51a63bf&ref=fdaweb.com) that the court first dismissed all state law claims for negligence, strict liability, breach of express warranty, and breach of implied warranty. With the traditional state law claims disposed of, she writes, plaintiff’s remaining claim was for failure to comply with the Federal Food, Drug, and Cosmetic Act and its implementing regulations. That claim was preempted, she says, as a private cause of action to enforce FDA regulations. And even if it weren’t preempted, she concludes, it did not contain any allegations of how the defendant failed to comply with the regulations and no allegation of a causal connection between failure and the plaintiff’s injuries.