In this issue of Pro Te (Volume 11, No.2), we examine three important topics with practical implications.

In many jurisdictions, the medical judgment of physicians is almost sacrosanct – at least insofar as it is “reasonable.” In Protecting Reasonable Physician Choice in Medical Product Cases, we ponder five concrete ways in which courts can and should consider a reasonable physician’s choice of which medical device is used to treat a patient in the pharmaceutical litigation arena.

From time to time, FDA offers guidance for industry in various and sundry areas. In Recent FDA Regulatory Guidance Involving Medical Devices,we examine the newest guidance from FDA concerning medical device.

Finally, (because who doesn’t love a cheat sheet?) we canvassed the country to provide a 50-state survey of savings statutes in What Does your Dismissal Without Prejudice Mean? We hope that this article will be useful to you in evaluating the timeliness of re-filed cases, as well as the degree to which dismissed cases may pose a risk for re-filing.