Howard v. Zimmer, Inc.

CERTIFICATION OF QUESTION OF STATE LAW

CARLOS F. LUCERO, Circuit Judge.

This appeal presents a novel issue of Oklahoma law: Does Oklahoma recognize a claim for negligence per se founded on an alleged violation of a federal regulation promulgated under the Medical Device Amendments (“MDA”) to the Food, Drug, and Cosmetic Act (“FDCA”)? Although this case has involved numerous issues in several federal courts, this state-law question is the only one remaining. Because Oklahoma law is not settled on this point, we respectfully certify the question to the Oklahoma Supreme Court.

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Dr. Brian Howard was…