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David Ferrera Comments on Medical Device Products Claim Surviving Dismissal in Massachusetts Lawyers Weekly

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David Ferrera, a partner in Nutter’s Litigation Department and chair of the firm’s Product Liability practice group, discussed a federal judge ruling that a hospital patient who claimed he was injured by a surgical stapler that did not properly close an incision could sue the manufacturer of the device for negligently failing to warn of the risk of such a malfunction in Massachusetts Lawyers Weekly. In the article, “Medical device products claim survives dismissal,” David noted that the failure-to-warn claim was predicated on the defendant’s alleged misuse of the FDA’s Alternative Summary Reporting Program in reporting incidents of malfunction and should have been dismissed on federal preemption grounds. He added, “The defendants will now have the opportunity through discovery to show that everything they did was consistent with FDA reporting obligations at the time.”

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