Glover v. Bausch & Lomb

Glover v. Bausch & Lomb

This appeal raises questions regarding the scope of federal preemption of state tort law claims based on injuries caused by a medical device—an issue at the core of our Access to Justice work.

The question is whether the Food, Drug and Cosmetic Act expressly or impliedly preempts state tort claims predicated on a medical device manufacturer’s failure to report adverse events to the FDA—an issue that is currently the subject of a split in the federal circuits.

In this case, the Second Circuit has asked the Connecticut Supreme Court to decide whether Connecticut state law recognizes a cause of action based on violation of the FDA’s reporting requirements.  If the Court holds the answer is yes, the case will go back to the Second Circuit to decide whether the state-law cause is action is preempted.

Public Justice is participating in this case as part of its Access to Justice Project.

Public Justice is co-counsel with Wendy R. Fleishman and Dan Seltz of Lieff Cabraser Heimann & Bernstein, LLP, New York, lead counsel for the plaintiffs.

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