Recently the American Association for Justice (AAJ) issued a letter explaining the latest developments in a case with implications for all those working on matters involving defective medical devices. The issue of preemption is invovled in the case related to state and federal rules for off-label promotion of the devices. In other words, this is a matter of a company violating rules in order to get its products used in ways that were not approved by regulators.
The Latest Case
The AAJ letter explains that the case, Sandager v. Medtronic, Inc. stems from complaints by a plaintiff that she was harmed by a bone-graft product as a result of that product’s illegal promotion. The device was not approved by the U.S. FDA for the use in the way that the plaintiff received it. These illegal marketing issues are quite common in many settings, including medical devices and pharmaceuticals.