Medtech Insight is part of Pharma Intelligence UK Limited

This site is operated by Pharma Intelligence UK Limited, a company registered in England and Wales with company number 13787459 whose registered office is 5 Howick Place, London SW1P 1WG. The Pharma Intelligence group is owned by Caerus Topco S.à r.l. and all copyright resides with the group.

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

UsernamePublicRestriction

High Court Won’t Hear InFuse Off-Label Preemption Case

This article was originally published in The Gray Sheet

Executive Summary

The case would have tested whether manufacturers could be held liable if an FDA-approved device injured a patient when the product was employed for an off-label, unapproved use. The Oklahoma Federal Court and the 10th Circuit Court of Appeals had both previously ruled in industry’s favor.

You may also be interested in...



Unlocking Legalities: Gorsuch’s Impact May Be Felt On Free Speech, Preemption

Supreme Court Nominee Judge Neil Gorsuch has ruled favoring device companies on preemption, and in support of an inventor in a device patent case. But experts say the impact he would actually have on the court remains to be seen.

Cervical Spine Bone Graft Gains FDA Go-Ahead

Cerapedics' i-Factor peptide-enhanced bone graft will be used to treat degenerative cervical disc disease, the first bone graft product PMA-approved for that indication, the company says.

Another Medtronic Preemption Case Appealed to High Court

A case questioning whether patients can sue device makers if a PMA-approved device is marketed for off-label uses may be headed to the Supreme Court, following a recent petition for a writ of certiorari.

Topics

Related Companies

Latest Headlines
See All
UsernamePublicRestriction

Register

MT034886

Ask The Analyst

Ask the Analyst is free for subscribers.  Submit your question and one of our analysts will be in touch.

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

Cancel