Conklin Et Ux v. Medtronic Inc

JUSTICE PELANDER, opinion of the Court:

¶ 1 The issue here is whether federal law preempts an Arizona common law failure-to-warn claim based on a medical device manufacturer's failure to submit adverse event reports to the United States Food and Drug Administration ("FDA"). We hold that the claim is impliedly preempted.

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¶ 2 After injuring his hip years ago, Raymond R. Conklin, II experienced chronic pain. In 2008, a physician surgically implanted a Medtronic SynchroMed II 40 ml infusion pump and catheter ("Pain Pump") into Conklin to manage pain. Medtronic, Inc. and Medtronic Sofamor Danek…