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Preemption Pivotal To Medical Device Sector: Paper

Law360 (May 6, 2009, 12:00 AM EDT) -- Eliminating federal preemption protection in the pharmaceutical industry would decrease access to life-enhancing medical devices, increase health care costs and reduce medical device industry employment, according to a recent white paper.

If federal preemption is no longer allowed by the courts, decisions about health care products will shift from expert regulators to untrained juries, creating a duplicative and inconsistent framework, according to “The Economic Impact of Eliminating Federal Preemption for Medical Devices on Patients, Innovation and Jobs."

The white paper, authored by Ernst Berndt, professor in...
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