A Lesson On Liability Risks For Device And Pharma Cos.

Law360, New York (October 21, 2013, 12:42 PM EDT) -- An Oct. 11, 2013, decision by the Indiana Court of Appeals highlights the risk to manufacturers of Class III medical devices, and other devices and pharmaceutical products, where company representatives provide information to physicians beyond the scope of the package insert.

In Medtronic Inc. v. Malander, the Indiana Court of Appeals held that the plaintiff's claim of common-law negligence — based on allegedly faulty information provided by Medtronic representatives directly to plaintiff's surgeon — was not expressly preempted by the Medical Device Amendments, 21 U.S.C. §...
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