On February 15, 2017, in Wolicki-Gables v. Doctors Same Day Surgery, No. 2D15-2495, the Florida Second DCA affirmed a trial court’s dismissal of a plaintiff’s first party spoliation lawsuit against the defendant medical facility. The plaintiff had alleged that the medical facility had failed to preserve an allegedly defective pain-pump connector, and if they had done so, the plaintiff could have maintained an action against the medical device manufacturer. However, both the trial court and the Second DCA concluded that any such claim would be preempted by federal law because the components were Class III medical devices approved through the Premarket Approval Process (PMA) of the FDA.
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