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.