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Federal Preemption and Tort Claims

For medical device manufacturers, federal preemption can be a powerful defense to state tort claims. Although there is some split of authority, most federal courts of appeals that have addressed the issue have held that when a medical device reaches the market via the Food and Drug Administration's (FDA) rigorous "premarket approval" (PMA) process, many state common law claims are expressly preempted by the Medical Device Amendments (MDA) of 1976.

30 minute read January 04, 2006 at 07:57 AM
By
Lawrie Demorest And Brendan Krasinski
Federal Preemption and Tort Claims

For medical device manufacturers, federal preemption can be a powerful defense to state tort claims.

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