Device Makers Use Preemption
Device Makers Have Sought Preemption in Liability Lawsuits. What is Preemption? Preemption is legal concept that a number of medical device makers have used in liability lawsuits that have been filed over devices that received U.S. Food and Drug Administration (FDA) approval. While several device makers have sought preemption in … [Read more...] about Device Makers Use Preemption
Preemption in Zofran Birth Defect Litigation
Zofran Birth Defect Litigation. U.S. District Judge F. Dennis Saylor IV has denied GlaxoSmithKline's motion to dismiss all claims in multidistrict litigation alleging that the company's off-label promotion of its anti-nausea drug Zofran (ondansetron) for morning sickness led to birth defects. Judge Saylor denied the … [Read more...] about Preemption in Zofran Birth Defect Litigation
Zofran Birth Defect Cases under Preemption
Zofran Approved by FDA in 1991 Federal Judge F. Dennis Saylor has denied a motion by drug maker GlaxoSmithKline to dismiss cases alleging that the drug Zofran (ondansetron) caused birth defects on the grounds that federal law preempts state failure-to-warn claims. Under the U.S. Constitution, federal law is the "supreme" law of … [Read more...] about Zofran Birth Defect Cases under Preemption
Medtronic Utilizes Preemption Defense in Medtronic Infuse Case
US supreme court denied the case of medtronic. US supreme court denied the case of medtronic.The denial of review by the United States Supreme Court today in the case of Caplinger v. Medtronic, Inc., Docket No. 15-321, though it might appear to be a victory for medical device manufacturer, Medtronic, Inc., it was not. While a shallow … [Read more...] about Medtronic Utilizes Preemption Defense in Medtronic Infuse Case
Medtronic Uses Preemption in Medtronic Infuse Case, Again
US Supreme Court Denied the Case of Medtronic.The denial of review by the United States Supreme Court today in the case of Caplinger v. Medtronic, Inc., Docket No. 15-321, though it might appear to be a victory for medical device manufacturer, Medtronic, Inc., it was not. While a shallow analysis of the Supreme Court’s action in … [Read more...] about Medtronic Uses Preemption in Medtronic Infuse Case, Again
High Court Hears Drug Lawsuit Preemption Case
Drug Lawsuit Preemption Case. The Supreme Court finally heard arguments today in a case involving drug personal injury lawsuits. Reports indicate that the Justices had tough questions for parties on both side of the argument, and right now, no one is predicting which way the High Court will rule. At issue is whether or … [Read more...] about High Court Hears Drug Lawsuit Preemption Case
FDA Personnel Against Lawsuit
FDA Against Lawsuit Preemption. The Associated Press (AP) is reporting that, according to a report from congressional investigators, key “scientists and career employees at the Food and Drug Administration (FDA) opposed agency regulations that weaken consumers' ability to sue drug makers.” The question involves language … [Read more...] about FDA Personnel Against Lawsuit
