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Congressional committees are considering a bill that would amend the Federal Food, Drug, and Cosmetic Act (FDCA) with respect to liability under state and local requirements respecting medical devices.

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In catastrophic personal injury cases, plaintiffs rely on the expert testimony of life care planners and economists to support their claim for damages.

The Spring 2009 edition of the Products Liability newsletter is now available.

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On March 4, 2009, the United States Supreme Court issued its long-awaited opinion in Wyeth v. Levine.  This case was the most recent in the ongoing debate over federal preemption in the area of pharmaceutical and medical device products.  Here, Wyeth presented a fundamental issue: does Food and Drug Administration (FDA) approval of a drug’s label preempt common law tort claims?  By a 6-3 vote, the Supreme Court held that FDA approval of a drug label does not preempt state law tort claims.

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