Skip to main content

Seven Snell & Wilmer product liability attorneys recognized as leaders in Product Liability Litigation – Defendants by The Best Lawyers in America 2020

Snell & Wilmer recently announced that 143 of the firm’s attorneys were selected by their peers for inclusion in The Best Lawyers in America©. Of those attorneys, seven partners were recognized in the practice area of Product Liability Litigation – Defendants. The 26th edition of The Best Lawyers in America includes attorneys in more than […]

| 1 min read

Snell & Wilmer Attorneys Publish Article on Medical Device Servicing and Remanufacturing

Denver partner Dan Wittenberg and associate Kelly Smith recently published an article, “Clarifying the Difference Between Medical Device Servicing and Remanufacturing,” in DRI’s For the Defense. The article explores the longstanding divide in the medical device industry between device manufacturers and the third-party entities that service the devices. Wittenberg and Smith explain how the FDA […]

| 1 min read

Arizona Limits Failure to Warn Claims Against Medical Device Manufacturers

On December 18, 2018, the Arizona Supreme Court issued an opinion clarifying manufacturers’ duty to warn consumers under Arizona common law. The Court held that the federal Medical Device Amendments (“MDA”) impliedly preempted Arizona common law claims in a medical device context. The opinion also disavowed the Ninth Circuit’s preemption ruling in Stengel v. Medtronic, […]

| 2 min read
AW
Associate

Arizona Supreme Court Adopts Learned Intermediary Doctrine

The Arizona Supreme Court has issued an opinion adopting the learned intermediary doctrine in Arizona. The Supreme Court rejected the Arizona Court of Appeals’ earlier decision holding that the learned intermediary doctrine was incompatible with the Uniform Contribution Among Tortfeasors Act (“UCATA”). Although the Arizona Supreme Court specifically held that the doctrine applies to pharmaceutical […]

| 3 min read
KW
Former Partner

FDA Issues Unprecedented Alert Over Medical Device Cyber Security Risk

A fictional cyber-terrorist weaponizing a medical device by hacking into it has become a familiar plot premise in recent Hollywood dramas. Unfortunately, the risk of harm from medical device hacking has now become an actionable, real-world concern. In an unprecedented move, on July 31 the U.S. Food & Drug Administration issued an Alert to health care facilities to discontinue […]

| 5 min read

FDA Issues Final Guidance on Intent to Exempt Certain Medical Devices from Premarket Notification Requirements

On July 1, 2015 the FDA issued its final guidance regarding the intent to exempt certain unclassified medical devices, certain Class II medical devices, and certain Class I medical devices that are subject to the reserved criteria of section 510(l) of the Federal Food, Drug, and Cosmetic Act (FD&C Act), 21 U.S.C. 360(l), from premarket […]

| 5 min read

Product Recall Trends in 2015

What are the latest trends on product recalls in the United States? Stericycle ExpertSOLUTIONS writes an interesting and informative quarterly report on this data, and its detail on the first quarter of 2015 is here. Consumer Products. The Consumer Product Safety Commission has been proactive in recent years with consumer product regulations and recalls, particularly […]

| 2 min read
KW
Former Partner

Adopting a Safety Policy and Assembling a Safety Team

Large or small, every life science or medical technology company will eventually have to deal with a products liability claim or event. A lack of adequate planning for such an occurrence can result in damage to the brand, loss of consumer confidence, harm to the business and trigger potential regulatory consequences as well as result in […]

| 6 min read

The Learned Intermediary Defense Advances in Nevada

The learned intermediary doctrine can be a legal defense against product liability claims. It is most commonly applied in cases involving drugs and medical devices.  A learned intermediary is a medical expert, such as a prescribing physician, who can weigh the risks and benefits of a medication and make informed prescription decisions based on knowledge […]

| 3 min read

Ten Things to Know About the New Unique Device Identifier Rule for Medical Devices

Reprinted with the permission of the Record Reporter, originally printed as “The Future of Medical Recalls” on November 15, 2013. Many medical devices will soon carry a unique identity code, under a new rule recently published by the U.S. Food and Drug Administration (FDA). The FDA refers to this as the Unique Device Identifier (UDI) rule. A […]

| 6 min read
KW
Former Partner