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Who's Liable When a "Reprocessed" Device Does Harm? 

"Reprocessing" of medical devices – the cleaning, sterilization, and reuse of items such as catheters, clamps, and scissors – has become more common as health care providers seek to contain costs. If such a reused device injures a patient, can the original manufacturer be held liable? A new WLF Working Paper examines this issue and a federal court ruling involving reprocessed devices, Kapps v. Biosense Webster. Paper co-author Stephen Klein offers further commentary on the issues in a WLF LegallyBrief video commentary.  

Click here to read the WLF Working Paper, and here to view the video.

Prevor v. Food and Drug Administration.
On January 19, 2012, WLF filed a brief in U.S. District Court for the District of Columbia, urging it to prevent FDA from adopting new product classification rules that could cause numerous medical products previously classified as devices to be...
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Philip Morris USA, Inc. v. Campbell
On January 17, 2012, WLF filed a brief in the U.S. Supreme Court, urging it to review a Florida state court decision that prevents the nation’s major cigarette manufacturers from defending themselves against charges that they acted wrongfully in...
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Connecticut Retirement Plans and Trust Funds v. Amgen, Inc.
On December 28, 2011, the U.S. Court of Appeals for the Ninth Circuit reaffirmed its holding that plaintiffs bringing a securities fraud claim are entitled to class-action status even in the absence of evidence that “the market” actually relied on...
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Rio Tinto plc v. Sarei
On December 28, 2011, WLF filed a brief in the U.S. Supreme Court, urging it to review (and ultimately overturn) an appeals court decision that permits activists to go forward with a suit claiming that a multinational company aided and abetted human...
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United States v. Philip Morris USA
On December 19, 2011, WLF filed a brief in the U.S. Court of Appeals for the District of Columbia Circuit, urging it to dismiss the federal government’s 12-year-old lawsuit against the tobacco industry, on the grounds that the suit has become moot....
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Health Warnings On Consumer Products: Why Scarier Is Not Better
By Dr. Patrick Basham and Dr. John C. Luik, founding director and senior fellow, respectively, of the Democracy Institute.
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ON THE MERITS: Wyeth , Inc. et al. v. Weeks
Featuring Douglas Hallward-Driemeier, a partner with the law firm Ropes & Gray LLP, and Michael L. Murphy, a partner in the Washington, D.C. office of the law firm Bailey & Glasser LLP.
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State Court Endorses Use Of Equitable Powers To Reduce Asbestos Suit Double-Dipping
By Mark A. Behrens and Cary Silverman, attorneys in the Washington, DC-based Public Policy Group of Shook, Hardy, & Bacon L.L.P.
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Compelled Speech And The First Amendment: Neutral Fact Or Government Opinion?
By Charles M. English, a Principal in the Washington, D.C. office of the law firm Ober Kaler, where he chairs the Food & Agriculture Group.
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Latest Communication
View All » Legally Brief
January 13, 2012
Medical Device Liability
When reprocessed medical devices injure, who is liable?
 
View All » Media Briefing
November 02, 2011 | 10:30 A.M.
Self-Regulation of Advertising: The Merits of Voluntary Action and Creeping Risks of Government Intrusion
Elaine Kolish, Children's Food & Beverage Initiative, Council of Better Business Bureaus
John P. Feldman, Reed Smith LLP
Arthur J. DeCelle, McDermott Will & Emery LLP
SPECIAL REPORT: Federal Erosion of Business Civil Liberties TIMELINE: Federal Erosion of Business Civil Liberties
 
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