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SQA Regulatory Surveillance Summary | Monthly Update 2022 – Spring

SQA

Requirements for classification and related issues established under RDC 185/2001, as well as other relevant medical device regulations, will apply for SaMD, as well. United States Food and Drug Administration (FDA) – Regulations and Guidances. Additional details for each annex are provided within the content section of the document.

FDA 75
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Confident Learned Intermediaries Defeat Warning Causation

Drug & Device Law

Because we encountered many stand up learned intermediary surgeons in the Bone Screw litigation, several of the relatively early decisions from the 1999-2001 timeframe are Bone Screw cases. 2001) (no causation where medical personnel “had no alternative other than to use the. . . Bayer HealthCare Pharmaceuticals, Inc. ,

FDA 59
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Stupid Expert Tricks Redux

Drug & Device Law

2001) (Kilburn); and Wade-Greaux v. While cosmetic talc is not a drug or medical device, the FDA also regulates it (the “C” in the FDCA). I-Flow Corp. , 2d 1092, 1119-25 (D. 2010) (Matsen); Nelson v. Tennessee Gas Pipeline Co. 1998 WL 1297690, at *4, 7-8 (W.D. 31, 1998), aff’d , 243 F.3d 3d 244 (6th Cir. Whitehall Laboratories, Inc. ,

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Who Needs a Lawyer in the Eleventh Circuit?

Drug & Device Law

The plaintiff in Jacob sued the manufacturer of a Class III, FDA premarket-approved medical device. First, the plaintiff’s non-parallel claims were “preempted to the extent” that they would have imposed “alleged labeling or manufacturing requirements that are different from, or in addition to, those imposed by the FDA.” 341 (2001).