Monthly Archives: May 2015

Jury Instruction in Product Liability Case That Violation of the FDCA is Negligence Per Se; Preemption Considerations

Diverging from other courts’ decisions in 2014, the Ninth Circuit in 2015 held that a state law failure to warn claim was not preempted by the Medical Device Amendments of 1976 (MDA) to the Food, Drug & Cosmetics Act (FDCA) … Continue reading

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Hospital Incident Reports Under Scrutiny Again; In Camera Review Found Necessary To Determine Discoverability

Courts have been reluctant to shield incident reports from discovery. In Hammond v. Saini, 766 S.E.2d 590 (N.C., Dec 19, 2014), the North Carolina Supreme Court held that documents created by the county health authority after a surgical fire at … Continue reading

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