The issue of preemption in product liability cases involving medical device products continues to evolve. Recently, the U.S. Court of Appeals for the Tenth Circuit found that federal law preempts
Off-Label Promotion, State-Level Injury Lawsuits and Preemption
Recently, the Tenth Circuit found that federal law preempts injury and negligence claims, brought under state law, even if the claims arise out of potential off-label promotion by the device manufacturer.
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