Should manufacturers of cutting-edge medical devices ever be able to avoid liability from common law tort claims? Recently, the Seventh Circuit held that tort claims against these manufacturers are preempted when the manufacturer has received pre-market approval from the Food and Drug Administration. This article discusses whether this position adequately balances the competing concerns of developing technologically advanced medical devices with protecting the consumers of such devices.
Jacob M. Eckburg,
Medical Device Preemption: A Reasonable Avenue of Tort Reform?,
Seventh Circuit Rev.
Available at: http://scholarship.kentlaw.iit.edu/seventhcircuitreview/vol1/iss1/13