Dealing with the Pennsylvania Supreme Court’s Non-Decision on Standards Compliance Evidence
Drug & Device Law
JANUARY 15, 2024
We have discussed how exclusion of FDA compliance in pelvic mesh cases, based on a false equivalence between preemption and evidentiary admissibility, has hampered the defense in that litigation. A plaintiff’s pursuit of such theories thus should allow admission of standards compliance evidence. Ethicon, Inc. , 3d 1245 (N.J.
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