Recent Articles

Preemption - Kent v. Warner Lambert affirmed

March 03, 2008 16:10

The US Supreme Court this morning affirmed the Second Circuit in the Kent v. Warner Lambert case (read here) in a per curium opinion. The Chief Justice did not participate and the court was evenly divided 4 - 4. Therefore,...The US Supreme Court this morning affirmed the Second Circuit in the Kent...

Georgia medical device case - defect, breach of contract and learned intermediary

March 01, 2008 15:21

Product defect claims and learned intermediary claims are addressed in a case in the federal district court in Georgia. The product, a surgically implanted nerve stimulator, is a Class III device. The case is Tricket v. Advanced Neuromodulation Systems, Inc.,... Product defect claims and learned...

Texas preemption and fraud decision in medical device case

March 01, 2008 14:19

In a Texas federal district court, summary judgment has been granted to defendants in a Class III medical device case on preemption grounds. The devices at issue were hip implant components and bone cement used in the procedure. Scott v....In a Texas federal district court, summary judgment has...

Senate to explore payments by medical device companies

February 27, 2008 14:25

A Senate hearing will address allegations of payments by medical device companies to physicians and hospitals (read here). This issue has been partially explored previously in this blog, read here. Officials from some of the companies which have been in...A Senate hearing will address allegations...

West Virginia Supreme Court spat about recusal

February 25, 2008 13:27

This post has nothing specific to do with device litigation. It involves an amazing opinion by Judge Starcher of the West Virginia Supreme Court. It astounds for the level of incivility between colleagues on the bench, and for its attacks...This post has nothing specific to do with device...

Post Reigel - congressional effort begins

February 25, 2008 12:55

The wake of Reigel continues. Injected into the midst of a presidential campaign, the decision in Reigel is being targeted by Congressional Democrats. Read here an article outlining some of the comments and efforts to date. Senator Kennedy's are astonishing...The wake of Reigel continues. ...

Wake of Reigel - medical device complaint amended to add claims that FDA was misled

February 22, 2008 12:19

The NY Times reports of the amendment of a complaint to add claims that the inventor of a spinal device misled the FDA about safety and effectiveness in obtaining approval for the device (read here). This is one of the...The NY Times reports of the amendment of a complaint to add claims that the...

Medical Device Preemption: Guest Post by Vahidi

February 21, 2008 22:29

The following is a guest post on the Reigel case from a sometime, and hopefully more regular, contributer to this page. Steve Vahidi is one of our Goldberg Segalla lawyers. Regular readers of this blog are aware that Mike pays...The following is a guest post on the Reigel case from a sometime, and...

Medical device preemption decision issued

February 21, 2008 18:42

A day late and hopefully not a dollar short. I have had limited computer internet access for the past two days. Naturally, as these things go, yesterday, on a day that I was traveling and unable to get to a...A day late and hopefully not a dollar short. I have had limited computer internet...

FDA draft guidance on article reprints for drugs/devices

February 16, 2008 02:10

The FDA today released a draft guidance document on the issue of the dissemination of medical literature about off label uses of drugs and devices. You can find the FDA statement here, and the draft guidance here. The public comment...The FDA today released a draft guidance document on the issue of...