Arizona Supreme Court

Raymond R. Conklin, Ii, Plaintiffs/appellants v. Medtronic, Inc., Defendants/appellees.

December 18, 2018431 P.3d 571

Summary

The Arizona Supreme Court held that federal law impliedly preempts an Arizona failure-to-warn claim based solely on a medical-device manufacturer's failure to submit adverse-event reports to the FDA. Arizona law does not impose an independent duty to warn the FDA, and private enforcement of the federal reporting requirement is barred because enforcement belongs to the federal government. The court affirmed dismissal with prejudice and vacated inconsistent portions of the court of appeals' opinion.