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David Ferrera, partner in the Litigation Department and chair of the Product Liability and Toxic Tort Litigation practice group, published “A Matter for Congress” in The National Law Journal on April 29. The article discusses the different U.S. Supreme Court rulings in a series of recent “pre-emption” cases involving prescription drugs and medical devices. The issues raised in these cases is whether federal law preempts individuals from suing pharmaceutical companies or medical device manufacturers under state law for defects in the design, or inadequacies in the labeling, of a drug or device that has been approved by the U.S. Food and Drug Administration. David notes that the consequences of these different decisions have served the interests of neither individuals who have suffered unwarranted harm nor companies that have manufactured the products.

To view the article, click here.