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
Drug & Device Law
The definitive source for intelligent commentary on the law that matters for drug and device product liability cases
Drug & Device Law is a blog published by the Drug & Device Law Blogging Team that focuses on legal issues surrounding prescription drugs and medical devices. It covers topics such as product liability litigation, regulatory compliance, FDA approval processes, preemption doctrines, class action lawsuits, and statutes of limitations relevant to drug and device manufacturers. The blog discusses court decisions involving manufacturing defects, failure to warn claims, fraudulent joinder and misjoinder, and pricing program litigation like the 340B drug pricing program. It also addresses procedural and jurisdictional issues in multidistrict litigation and state versus federal court matters related to drug and device law.
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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…
No Duty to Innovate: California Supreme Court Rejects New Negligence Theory
The California Supreme Court handed down its long-awaited decision in Gilead Tenofovir Cases yesterday, and as we hoped, the Court held that a drug manufacturer owes no duty of care when deciding whether and when to develop an allegedly safer…