Medical Devices: Law, Trends and Oddities is a forum for those interested in medical device litigation. This blog is hosted by Michael Shalhoub, partner in Goldberg Segalla LLP. Shalhoub has extensive experience in the representation of the medical device industry.
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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...
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...
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...
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...
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...
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. ...
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...
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...
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...
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...