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“Pre-Approval” Design Defects − No Such Thing

By Bexis on May 8, 2017
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As our post-Levine preemption cheat sheet demonstrates, Mensing/Bartlett preemption is breathing down the necks of all prescription drug design defect claims.  Recent cases finding preemption of design defect claims due to the need for FDA pre-approval of “major” or “moderate” design changes (basically, anything that could be causal in a product liability…

Posted in Design Defect, Implied Preemption

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FDA-regulated products now account for an estimated one-fifth of overall economic activity in the U.S. They have also been the focus of a litigation explosion. This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
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This blog contains the personal views of the Blogging Team (and of any authors of guest posts) concerning various topics that arise in the defense of pharmaceutical and medical device product liability litigation.

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