Medtech Insight is part of the Business Intelligence Division of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Informa PLC’s registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

This copy is for your personal, non-commercial use. For high-quality copies or electronic reprints for distribution to colleagues or customers, please call +44 (0) 20 3377 3183

Printed By


Off-label, Failure-to-Warn Preemption Cases May Head to Supreme Court

This article was originally published in The Gray Sheet

Executive Summary

While federal preemption of state suits for PMA-approved has been strongly validated by the Supreme Court, two types of plaintiffs' claims in particular offer the potential for the PMA preemption device to be considered once again by the high court, according to Mayer Brown partner Andrew Tauber.


Related Content

In Case You Missed It: Top 10 "Gray Sheet" Stories In September
Another Medtronic Preemption Case Appealed to High Court
Preemption Questions Persist: Supreme Court Doesn’t Take Bait In Medtronic Case





Ask The Analyst

Please Note: You can also Click below Link for Ask the Analyst
Ask The Analyst

Your question has been successfully sent to the email address below and we will get back as soon as possible. my@email.address.

All fields are required.

Please make sure all fields are completed.

Please make sure you have filled out all fields

Please make sure you have filled out all fields

Please enter a valid e-mail address

Please enter a valid Phone Number

Ask your question to our analysts