Less FDA Review May Boost Medical Device Plaintiff Awards
Law360, New York (February 22, 2017, 10:51 AM EST) -- President Trump vows to roll back federal regulations to streamline business development, and has already signed an executive order requiring that, for every new regulation, two existing regulations be eliminated. He also signed an executive order to freeze the hiring of federal employees. President Trump’s approach to federal oversight will have trickle-down effects — a medical device manufacturer’s exposure to liability is no exception.
Fair or not, consumers harmed by medical devices often find themselves wronged but without relief, thanks to federal preemption. Federal preemption is common in medical device cases because generally speaking there is no federal private right of...
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