May 2014
Drug, Device and Biotechnology Committee Newsletter, “Assessing the Post-Riegel Landscape: The Effect of Sales Representatives’ Actions on Preemption Analyses”
Goldman Ismail attorneys Ken Baum, Jen Greenblatt, and Julie
Cantor published the article,
Assessing the Post-Riegel
Landscape:
The Effect of Sales Representatives’ Actions on Preemption Analyses, in the
March 2014 International Association of Defense Counsel’s (IADC) Committee
newsletter. In seeking to avoid the preemption defense expressly available to manufacturers
under
Reigel v. Medtronic, plaintiffs have brought claims against
medical device sales representatives, many of whom lend support to operating
room staff. This article analyzes emerging law and offers guidance for medical
device sales representatives seeking to invoke the protection afforded by
Riegel.
Preemption trends and the lessons learned detail how courts approach this issue
and what defense strategies have worked. To read the complete article, please click
here.