Current Topics in Medical Device Preemption

Goldman Ismail Tomaselli Brennan & Baum LLP frequently works at the forefront of litigation presenting pharmaceutical and medical-technology preemption issues, including by developing cutting-edge preemption arguments. The attached article published in the American Bar Association’s Products Liability Winter 2023 Newsletter, written by partner Rami Fakhouri and of counsel Logan Steiner, discusses three recent trends bearing on preemption arguments in cases involving medical devices. The first trend involves a deepening nationwide split in authority regarding the viability of certain failure-to-report claims. The second involves increasing willingness by courts to discard a presumption against preemption in certain medical device cases. And the third suggests that at least some courts will require plaintiffs to plead specific supporting facts when alleging manufacturing defect claims to try to bypass federal preemption. We are available to present on these and other topics on request.

The published article can be found here.