Popular Press
Federal Preemption Hits Below the Belt, Stopping Common-Law Products Liability Claims for Pre- Market Approved Medical Devices
Trial Bar News
(2008)
Abstract
Recent cases have shown that federal preemption is a very powerful
defense for a pharmaceutical or medical-device manufacturer to use in
common law products liability litigation. A January 2008 decision by
the California Court of Appeals for the Second Appellate District (Seventh
Division) found that the rigorous federal pre-market approval process results
in federal preemption of common law tort claims for medical devices. In
doing so, this court made it nearly impossible for a plaintiff to bring a state
common law products liability action against a medical device manufacturer
Keywords
- medical devices,
- federal preemption,
- state tort
Disciplines
- Law,
- Civil Procedure and
- Torts
Publication Date
February, 2008
Citation Information
Dylan O Malagrino. "Federal Preemption Hits Below the Belt, Stopping Common-Law Products Liability Claims for Pre- Market Approved Medical Devices" Trial Bar News Vol. 31 Iss. 3 (2008) p. 11 - 20 Available at: http://works.bepress.com/dylan-malagrino/16/