Practice Areas

Maslon has several lawyers who have an expertise in the defense of medical device and drug manufacturers in product liability claims throughout the United States. Many of these lawsuits are subject to dismissal based on laws which pre-empt traditional product liability claims. Our lawyers have successfully argued motions for dismissal before various state and federal courts, and have assisted co-counsel throughout the country in briefing similar motions. Our lawyers have successfully argued motions for dismissal based on laws that pre-empt traditional product liability claims, including claims involving medical devices. In a recently published decision, Maslon lawyers successfully argued that the pre-market approval process for a particular medical device pre-empted application of state failure to warn laws.

Resources:

R. Lawrence Purdy, Federal Pre-emption of Medical Device Claims, 2002 Minn. Institute of Legal Education, Tort Law Update.

R. Lawrence Purdy, Medtronic, Inc. v. Lohr: An Analysis and New Developments from the Defense Perspective, 1997 Minnesota Institute of Legal Education, Federal Preemption.

R. Lawrence Purdy, Medtronic, Inc. v. Lohr - A Work in Progress, 14 Mealey's: Emerging Drugs & Devices (July 30, 1996).