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Drug & Device Law

The definitive source for intelligent commentary on the law that matters for drug and device product liability cases

Impossibility Preemption

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The Fiction Of Non-Preempted Pre-Market Design Defect Claims For Prescription Drugs

By Eric Alexander on November 17, 2023
Photo of Eric Alexander

As we emerge from our fourth month-long trial in a little over two years, we are sure that we have missed some recent legal developments.  As good as this Blog is as a source for what is going on in drug and device product liability litigation, you do actually need to read it to absorb…

Posted in Design Defect, Implied Preemption, Preemption

Pro Se Plaintiff Twiqballed in D. Conn., But Claim Would Have Failed Anyway

By Rachel B. Weil on June 9, 2023
Photo of Rachel B. Weil

We are back “stateside,” after a trip to London and Florence.  We loved both, especially the Tower of London, Highclere Castle (used for the filming of Downton Abbey – how very cool to walk through the rooms we watched with such pleasure for six seasons) and, of course, the breathtaking David.  But this is pretty…

Posted in Implied Preemption, Pleading, Warnings

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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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