Preemption Notes

A couple of recent preemption developments warrant mention. Horned In; Horned Out In Horn v. Boston Scientific Neuromodulation Corp., 2011 U.S. Dist. Lexis 102164 (S.D. Ga. Aug. 26, 2011), the defendant, a manufacturer of a PMA medical device, won preemption of a claim that’s often lost, and lost preemption of a claim that’s often won.  The upside (from our defense standpoint) in Horn was the...