Perspective
Sep. 8, 2011
Making a case in pharmaceutical and medical device product liability
When making a medical product liability claim, pay attention to the type of product at issue and the U.S. Supreme Court precedent that matches it. By Lisa M. Baird and Michael K. Brown of Reed Smith LLP
Over the past three years, the U.S. Supreme Court has issued a spate of rulings regarding the doctrine of federal pre-emption that have dramatically changed which medical product manufacturers can be held liable in tort, and for what. These decisions have been technical and seemingly inconsistent in their results, and those looking for a cohesive, disciplined or consistent doctrinal approach to pre-emption jurisprudence will ...
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