'Pre-Approval' Design Defects? There's No Such Thing

Law360, New York (May 15, 2017, 12:07 PM EDT) -- Mensing/Bartlett preemption is breathing down the necks of all prescription drug design defect claims.

Recent cases finding preemption of design defect claims due to the need for FDA pre-approval of “major” or “moderate” design changes (basically, anything that could be causal in a product liability lawsuit) include:

Yates v. Ortho-McNeil Pharmaceuticals Inc., 808 F.3d 281, 298 (6th Cir. 2015); Young v. Bristol-Myers Squibb Co., 2017 WL 706320, at *5 (N.D. Miss. Feb. 22, 2017); Utts v. Bristol-Myers Squibb Co., ___ F. Supp.3d ___, 2016 WL 7429449,...
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