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Home / Opinion Digests / Products Liability – Medical Device – Preemption – Manufacturer Rep Presence (access required)

Products Liability – Medical Device – Preemption – Manufacturer Rep Presence (access required)

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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