We Don't Recall

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We’ve been around the preemption block a few times – we know what happens when the mainstay claim in prescription medical product liability litigation, that being inadequate warnings, gets preempted.

We first saw it in DTP vaccine litigation. We made a little headway with preemption and plaintiffs responded with “design’ claims based on non-FDA-approved formulations. It took the Vaccine Act to bury those.

Please see full article below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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