Preemption of State Law Tort Suits Against Medical Device and Drug Manufacturers

Are state law personal injury suits against drug and device manufacturers preempted by federal regulation of these products?

This question has been the subject of much litigation since the early 1990s.  The U.S. Supreme Court has issued a string of decisions in this area, with one case pending.  But the preemption waters are likely to remain roiled for some time to come.  A new twist involves combination device-drug or device-biologic products.

For the complete post, including an overview of preemption law as applied to drugs and medical devices, click here.

By Jeffrey K. Shapiro