A recent published opinion from the Ninth Circuit covers two issues near and dear to our hearts—federal preemption and claims based on outside laboratory testing. We care about federal preemption because . . . well, because we are the Drug and Device Law Blog, where there are some weeks when we write on preemption every
An explanted medical device is an interesting thing. It was designed and made to reside within the human body, and it was implanted for the purpose of saving or improving life, even if only cosmetically. Sometimes it has to be removed, often by design and under the applicable standards of care. Take for example retrievable