The Supreme Court decided Buckman in the context of a fairly large product liability litigation about implanted medical devices. In the years that followed, the plaintiffs in drug and device product liability litigation tried a number of arguments to cabin
Drug & Device Law Blogging Team
The Drug & Device Law Blogging Team operates a specialized blog focused on legal issues related to prescription drugs and medical devices. The blog provides detailed analysis and commentary on product liability litigation, regulatory compliance, and court decisions affecting drug and device manufacturers. It covers topics such as multidistrict litigation (MDL), fraudulent joinder, preemption under the Food, Drug, and Cosmetic Act (FDCA), failure-to-warn claims, and class action tolling. The content is aimed at legal professionals and stakeholders interested in the intersection of healthcare products and the law, offering insights into ongoing litigation trends, regulatory challenges, and case law developments.
Website:
https://druganddevicelawblog.com
Latest from Drug & Device Law Blogging Team - Page 2
Home Field Advantage: How Connecticut Made it Easier to Plead a Filshie Clip Case
Every sport has that one venue where the home team gets every close call. Fenway in the late 2010s. Lambeau Field in a January snowstorm. Or, if you are a Baltimore Orioles fan — Yankee Stadium in Game 1 of…
Personal Jurisdiction, Arbitration, and Class II Device Preemption in Michigan
By Eric Hudson
Today’s case, Schmidt v. Dexcom, Inc., 2026 WL 2244106 (E.D. Mich. Aug 2, 2026), involves a glucose monitoring device (the “G6”) and a pretty bad day for the plaintiff—both in terms of how he somehow managed to get a needle…
A British Hi-Tech Response to a Hi-Tech Problem
By Bexis
Novo Nordisk A/S v. British Telecommunications Plc, 2026 WL 01791875 (Ch. Div. June 23, 2026), is the first judicial decision from the United Kingdom that we have featured on the Blog. The high-tech solution that the court approved for combating…
North Carolina Statute of Limitations Ends Medical Device Case
2026 has been a festive year, marking the 250th anniversary of the Declaration of Independence, which was adopted in our home town of Philadelphia. But did you know that the first formal call by any colony for independence from perfidious…
Whodunit? Not the Tanning Lotion
Every good mystery needs a red herring. The suspicious houseguest. The gardener with the shaky alibi. The tanning lotion sitting quietly on the bathroom counter while the actual culprit — a chiropractor-prescribed anti-inflammatory cream applied minutes before the plaintiff’s collapse…
DiToto Is a Total Mess
By Bexis
Our initial inclination was not to blog about DiToto v. Nevro Corp., 2026 WL 1425041 (D. Md. May 21, 2026), given that it was an adverse, poorly reasoned trial court level decision. But then we received an updated citation indicating…
Nothing to See Here (Except the Obvious)
Here’s a pop quiz. You’re a nurse. You’ve just used an insulin pen on Patient A. Do you: (a) use the same pen on Patient B or (b) grab Patient B’s own pen? If you picked (a), please put down…
Claims Can Still Be Preempted If The Drug Is Later Withdrawn
Long ago, it seemed that large-scale drug or device litigation was usually spurred on by a recall, market withdrawal, or major labeling change describing a new risk or limiting the scope of product use. The plaintiff lawyers these days seem…
Seventh Circuit Reverses Dismissal of Zero Sugar Yogurt Consumer Deception Lawsuit after FDA Reverses its Position on What Constitutes Sugar
Franco v. Chobani, LLC, 2026 WL 2150193 (7th Cir. July 27, 2026), is a food case, not a drug or device case, but it is vital reading for anyone who litigates over products regulated by the Food and Drug Administration…