Glover v. Bausch & Lomb, Inc., No. 20-1156 (2d Cir. 2022)Annotate this Case
Plaintiffs appealed from a district court judgment dismissing, as preempted by the federal Food, Drug, and Cosmetic Act (“FDCA”), their claims under the Connecticut Product Liability Act (“CPLA”) for injuries caused by a medical device, and denying leave to amend the complaint to include a claim under the Connecticut Unfair Trade Practices Act (“CUTPA”).
Because both issues turned on unresolved questions of state law, the Second Circuit certified two questions to the Supreme Court of Connecticut to clarify the scope of the CPLA and CUPTA. In view of the Connecticut Supreme Court’s answers to those questions, the court held: (1) that the Plaintiffs’ CPLA claims are not preempted by the FDCA because traditional Connecticut tort law provides a cause of action for failing to provide adequate warnings to regulators such as the United States Food and Drug Administration; and (2) that Plaintiffs’ proposed CUTPA claim would be precluded by the CPLA.
Accordingly, the court vacated the district court’s dismissal of the CPLA claims, affirm the district court’s denial of leave to amend the complaint, and remanded for further proceedings.
This opinion or order relates to an opinion or order originally issued on July 20, 2021.