Dealing with the Pennsylvania Supreme Court’s Non-Decision on Standards Compliance Evidence
Drug & Device Law
JANUARY 15, 2024
2d 888 (1996) (manufacturer immune from strict liability defective design claim premised upon sale of prescription drugs without adequate warning). 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.
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