Should manufacturers of cutting-edge medical devices ever be able to avoid liability from common law tort claims? Recently, the Seventh Circuit held that tort claims against these manufacturers are preempted when the manufacturer has received pre-market approval from the Food and Drug Administration. This article discusses whether this position adequately balances the competing concerns of developing technologically advanced medical devices with protecting the consumers of such devices
As consumers, we assume that the automobiles, pharmaceuticals, medical devices, and other products w...
Both the tort system and the FDA seek to protect consumers of medical products. The tort system prov...
The manufacturing of innovative medical devices is important for the continued success and growth of...
Should manufacturers of cutting-edge medical devices ever be able to avoid liability from common law...
Recent cases have shown that federal preemption is a very powerfuldefense for a pharmaceutical or me...
The purpose of this paper is to explore the relationship between federal medical device regulation a...
Under the Medical Device Amendments of 1976 (MDA), Congress established a complex scheme for regulat...
The 21st Century Cures Act introduced innovative changes to the Food and Drug Administration’s regul...
A circuit split regarding the preemptive scope of the Medical Device Amendments of 1976 (MDA) has wi...
Perhaps the most dramatic indication that the courts have shifted attitudes on health and safety mat...
The U.S. Supreme Court’s important ruling in Mutual Pharmaceutical Co., Inc. v. Bartlett concerns wh...
Daily front-page stories recounting the failure of defibrillators, pacemakers, heart stents and infu...
Medical device preemption is highly controversial because it provides medical device companies with ...
In Medtronic, Inc. v. Lohr, the United States Supreme Court, in a five-to-four split, held that the ...
A mere five years ago, the Food and Drug Administration (the FDA ) began, for the first time in its...
As consumers, we assume that the automobiles, pharmaceuticals, medical devices, and other products w...
Both the tort system and the FDA seek to protect consumers of medical products. The tort system prov...
The manufacturing of innovative medical devices is important for the continued success and growth of...
Should manufacturers of cutting-edge medical devices ever be able to avoid liability from common law...
Recent cases have shown that federal preemption is a very powerfuldefense for a pharmaceutical or me...
The purpose of this paper is to explore the relationship between federal medical device regulation a...
Under the Medical Device Amendments of 1976 (MDA), Congress established a complex scheme for regulat...
The 21st Century Cures Act introduced innovative changes to the Food and Drug Administration’s regul...
A circuit split regarding the preemptive scope of the Medical Device Amendments of 1976 (MDA) has wi...
Perhaps the most dramatic indication that the courts have shifted attitudes on health and safety mat...
The U.S. Supreme Court’s important ruling in Mutual Pharmaceutical Co., Inc. v. Bartlett concerns wh...
Daily front-page stories recounting the failure of defibrillators, pacemakers, heart stents and infu...
Medical device preemption is highly controversial because it provides medical device companies with ...
In Medtronic, Inc. v. Lohr, the United States Supreme Court, in a five-to-four split, held that the ...
A mere five years ago, the Food and Drug Administration (the FDA ) began, for the first time in its...
As consumers, we assume that the automobiles, pharmaceuticals, medical devices, and other products w...
Both the tort system and the FDA seek to protect consumers of medical products. The tort system prov...
The manufacturing of innovative medical devices is important for the continued success and growth of...