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How the Medical Industry Can Help Combat the Current Coronavirus Crisis

Exeed Regulatory Compliance

FDA Guidance on EUA, Jan 2017 *Notes: Section 564 as in the Food, Drug and Cosmetic (FD&C Act); PAHPRA refers to the Pandemic and All-Hazards Preparedness Reauthorization Act of 2015 One area of current concern is the lack of diagnostic testing capability in the US to rapidly detect and confirm new cases.

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Can Children Consent to the COVID Vaccine? The Case of Foster Care and Juvenile Justice

Bill of Health

Some children may be unvaccinated by no choice of their own, but instead because of decisions made by parents, guardians, or state or local government officials. 325, 338 (2005). [21] In this post, I argue that young people should have the opportunity to consent to vaccines. Barnette , 319 U.S. 624, 63 S.Ct.

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A Health-Heavy State of the Union

Kaiser Health News

Biden’s calls for bipartisanship to extend health programs like pandemic-era subsidies for Affordable Care Act health plans are expected to clash with conservative demands to slash federal government spending. Rovner: Sarah, is the FDA worried about this case? They said they don’t think that would help.

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PMA Preemption Decision Slides to the Bottom of the “Parallel Claim” Slippery Slope

Drug & Device Law

312 (2008), that essentially all product liability claims against manufacturers of FDA pre-market approved (“PMA”) medical devices were preempted. at 349 (“The FDCA leaves no doubt that it is the Federal Government rather than private litigants who are authorized to file suit for noncompliance”). Medtronic, Inc. ,

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Blog Content – Subsequent Remedial Measures, Rule 407, and. Causation?

Drug & Device Law

Back in 2010, we examined one restrictive judicial gloss on Rule 407 – a “policy” based exception that the rule somehow doesn’t apply to government-mandated measures. Fortunately, that 2010 decision has been a pro-plaintiff anomaly, and FDA required label changes, recalls, etc. continue to be subject to Rule 407-based exclusion.

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Federal Officer Removal Fails In California

Drug & Device Law

Put simply, among the morass of Medicare are provisions governing Medicare Advantage programs, which companies can elect to provide and eligible people can elect to receive. 308 (2005), which comes up not infrequently in drug and device product liability cases. Darue Eng’g & Mfg. ,

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Logical Contradiction Doctrine:  Buckman for Textualists

Drug & Device Law

470 (1996), was decided – removing express preemption as a defense for manufacturers of §510(k) products So defendants moved on fraud on the FDA under an implied preemption theory and won. Plaintiffs Legal Committee , 531 U.S. Mensing , 564 U.S. Mensing , 564 U.S. Lohr , 518 U.S.

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