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IVC Inconsistent Verdict Created
  • Reed Smith LLP
  • USA
  • April 3 2018

We don’t normally comment on verdicts, whether they favor our side or the plaintiffs, because the bare fact of a verdict doesn’t give us much to


Another Comparative Book Review
  • Reed Smith LLP
  • USA
  • January 24 2018

What follows is a guest post from Mark Herrmann, the co-founder and former co-host of this blog. While he hasn't litigated since going in house, he


Where To Find Our Research 3.0
  • Reed Smith LLP
  • USA
  • January 2 2018

Happy New Year! It’s been 3 years since we last updated our index to our online research resources. That’s almost of the total life of the blog


The Highs Celebrating the Ten Best Prescription DrugMedical Device Decisions of 2017
  • Reed Smith LLP
  • USA
  • December 28 2017

Ending the year on a high note is one thing that the blog tries to do - with the top ten drugdevice product liability decisions of the year


Guest Post - Protecting Reasonable Physician Choice in Medical Product Cases
  • Reed Smith LLP
  • USA
  • December 12 2017

We have a guest post today, from Luther Munford of Butler Snow. He's been doing some thinking about how something analogous to the "two schools of


Guest post - Observations on FDA 3D Printing Guidance
  • Reed Smith LLP
  • USA
  • December 7 2017

This guest post is by Reed Smith‘s Matthew Jacobson. It discusses the FDA’s recent guidance on the hot topic of 3D printing as a manufacturing


Unavoidably Unsafe PMA Medical Devices
  • Reed Smith LLP
  • USA
  • November 30 2017

When it comes to design defect claims and FDA pre-market approved (“PMA”) medical devices, “preemption” is our reflexive reaction. That’s entirely


PMA Preemption & Fraud by OmissionConcealment
  • Reed Smith LLP
  • USA
  • November 29 2017

As our PMA preemption scorecard makes clear, warning claims are preempted under Riegel v. Medtronic, Inc., 552 U.S. 312 (2008), because the


Fraud on the FDA? If Not Preempted, It Is Trumpery
  • Reed Smith LLP
  • USA
  • October 2 2017

With Bexis having originally conceived the preemption argument that became Buckman Co. v. Plaintiffs Legal Committee, 531 U.S. 341 (2001), we are


Comment K and Non-Implanted Medical Devices
  • Reed Smith LLP
  • USA
  • August 4 2017

About two years ago, in our post "How Does a Bad Idea Get Implanted," we discussed what at the time seemed a California peculiar argument that the