Glover v. Bausch & Lomb, Inc.
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The Supreme Court accepted and answered two certified questions of law regarding whether Plaintiff's claims pursuant to the Connecticut Product Liability Act (CPLA), Conn. Gen. Stat. 52-572m et seq., were preempted by federal law and held that the CPLA's exclusivity provision, section 52-572n, barred Plaintiff's claims.
Specifically, the Supreme Court held (1) a cause of action exists under the negligence or failure-to-warn provisions of the CPLA or elsewhere in Connecticut law based on a manufacturer's alleged failure to report adverse events to a regulator like the United States Food and Drug Administration following approval of the device or to comply with a regulator's postapproval requirements; and (2) CPLA's exclusivity provision bars a claim under the Connecticut Unfair Trade Practices Act, Conn. Gen. Stat. 42-110a et seq., based on allegations that a manufacturer deceptively and aggressively marketed and promoted a product despite knowing that it presented a substantial risk of injury.
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