Defense Strategies, Medical Devices

Making the Invisible Visible: How Diffusion Tensor Imaging Sheds Light on Mild Traumatic Brain Injury

Stark & Stark on 9/3/2025

Mild traumatic brain injury (mTBI), often called a concussion, is one of the most misunderstood injuries in medicine and law. Doctors, insurers, and defense experts frequently point to “normal” CT or MRI scans as proof that...more

What You Need to Know About Continuous Glucose Monitoring Compliance

Oberheiden P.C. on 11/23/2021

For diabetic patients and the doctors who treat them, blood sugar levels are crucially important. However, the traditional method of testing one’s blood sugar with a pin-prick is undesirable for many patients, which leads to...more

Clarifying the Scope of the Parallel Claim Exception to Federal Regulatory Preemption of Medical Devices

Haug Partners LLP on 8/19/2020

Medical device manufacturers who seek to dispose of meritless claims at the initial pleading stage have long relied upon the doctrine of federal regulatory preemption. This doctrine is embodied by 21 U.S.C. § 360k(a), the...more

[Event] Drug and Medical Device Litigation – the Must-Attend Event for the Life Sciences Products Liability Community - December...

American Conference Institute (ACI) on 10/7/2019

Actionable Strategies for Drug and Medical Device Products Liability Litigators and In-house Counsel - ACI’s Drug and Medical Device Litigation conference is the only event which brings together an exceptional in-house...more

Third Circuit Issues Precedential Ruling on Express Preemption for Hybrid Medical Devices

Cozen O'Connor on 3/21/2018

The Third Circuit has become the first U.S. Court of Appeals to address the application of the express preemption provision in the Medical Device Amendments of 1976 to hybrid medical devices. Hybrid medical devices are...more

Fearing Trolls, Some “Friends of the Court” Turn to Laches for Solace While Others Urge Reversal in SCA Hygiene v. First Quality...

Womble Bond Dickinson on 10/31/2016

On November 1st, the Supreme Court will hear oral arguments to decide whether “Raging Bull” applies in patent litigation. At issue is whether and to what extent a laches defense may bar a claim for damages in patent...more

The Learned Intermediary Defense Advances in Nevada

Snell & Wilmer on 2/3/2015

The learned intermediary doctrine can be a legal defense against product liability claims. It is most commonly applied in cases involving drugs and medical devices. A learned intermediary is a medical expert, such as a...more

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