Court: State Law Claims Involving Class II Device Cleared via De Novo Process Not Expressly Preempted

Dennis Tosh
April 20, 2023 at 10:44 AM EST
A federal district court in Brooklyn, New York, has held that state law tort claims involving a Class II medical device cleared for marketing by the FDA through the de novo process are not expressly preempted by federal law, even when the agency’s clearance of the device is accompanied by a set of special controls that the FDA said should be addressed by future devices of the ... Read More

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