Products Liability – Medical Device – Preemption – Manufacturer Rep Presence
By Deborah Elkins
Published: July 28, 2008
A woman’s products liability warranty and design claims against the manufacturer of a NovaSure device used during endometrial surgery are preempted under the 1976 Medical Device Amendments, but she may amend her complaint to state a negligence claim against the manufacturer based on allegations that the manufacturer’s rep was in the OR and negligently directed ...
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