A Thorny PMA Preemption Decision from Rhode Island
Drug & Device Law
MARCH 19, 2024
Plaintiff had surgery in 2014 in which the clips were used. Plaintiff’s primary allegation is that the clips have a migration rate higher than what was reported to the FDA. Since the clips are PMA, the first prong is met—PMA devices have specific FDA requirements. In 2021, a CT scan revealed the clips had migrated.
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