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Medical device civil suits are preempted, but for how long, and are drugs next?

As of now, a person hurt by a medical device cannot sue the manufacturer for negligence or strict product liability if the product was approved by FDA through a full-blown premarket approval procedure, and the device that hurt you was in compliance with FDA requirements. Up until late February 2008, you could have, but then the Supreme Court said otherwise.

Annual Outlook Report: Sustainability
The road ahead for CPGs in 2025 and beyond—<i>Packaging World</i> editors review key findings from a survey of 88 brand owners, CPG, and FMCG readers.
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Annual Outlook Report: Sustainability
2024 PACK EXPO Innovations Reports
Exclusive access: Packaging World editor-curated reports revealing PACK EXPO's most groundbreaking technologies across food, healthcare, and machinery sectors. Each report features truly innovative solutions selected from hundreds of exhibitors by our expert team. Transform your operations with just one click.
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2024 PACK EXPO Innovations Reports