Preemption Cited in Gadolinium Case
A Louisiana federal judge has ruled that design defect and failure-to-warn claims brought against a gadolinium contrast agent manufacturer are preempted by federal law. Attorney Steven Boranian (Reed Smith) says the decision is a good example of how preemption should work. Writing in the Drug and Device Law blog. Boranian describes how the court applied federal exemption to each of the claims. “The facts lined up to meet all the applicable legal standards,” he concludes. “A perfect storm maybe. Or maybe just a fair result. We like the latter.”