 | Weekly Opinion Summaries
Health Care Cases |  | | January 20-26, 2012 FindLaw.com Weekly Health Care Newsletter | | You may forward this e-mail in its entirety.
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Health Care Cases United States Fourth Circuit, 01/25/2012
Walker v. Medtronic Inc., No. 10-2219
In a suit alleging common-law tort claims arising out of the alleged failure of a medical device to operate in accordance with the terms of its premarket approval, the district court's grant of the defendant's motion for summary judgment is affirmed, where the device was undisputedly designed, manufactured, and distributed in compliance with its FDA premarket approval, and the plaintiff's common-law claims exceeded or differed from, rather than paralleled, federal requirements, so that each of her specific claims for negligence, strict liability, and breach of warranty was preempted by the federal Medical Device Amendments of 1976 to the Food, Drug, and Cosmetic Act. Read more... United States Federal Circuit, 01/20/2012
National Organization of Veterans' Advocates, Inc. v. Secretary of Veterans Affairs, No. 2010-7136
In a challenge to a rule issued by the Secretary of Veterans Affairs with respect to claims for service-connected disability benefits for posttraumatic stress disorder, a petition to review the final rule is denied where, under a Chevron analysis: 1) no existing statute or regulation specifically addresses the issue raised in the rule so as to create a conflict or contradiction; 2) the court could not say that the rationale behind the rule is without a logical basis, or is otherwise arbitrary and capricious. Read more... California Court of Appeal, 01/20/2012
People v. Hartshorn, No. D057874
On appeal from an order granting a petition to extend the appellant's commitment to Porterville Developmental Center pursuant to Welfare and Institutions Code section 6500 following a jury finding that he is a "mentally retarded person, is a danger to himself or others, and has serious difficulty controlling his dangerous behavior because of his mental retardation," the court dismissed the appeal as technically moot but exercised its discretion to hold that due process requires section 6500's phrase "danger to himself . . . or others" be construed as necessitating conduct presenting the likelihood of serious physical injury. Read more...
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