Quoted from the original Star Tribune article:
“Having a Supreme Court justice who takes such an approach is good news for the medical device industry, which employs tens of thousands of workers in Minnesota and is home to one of the country’s most robust medical technology sectors, said John Dornik, an attorney at the Minneapolis firm of Siegel Brill, who also teaches product liability at the University of Minnesota.
Gorsuch’s take on pre-emption means device makers can seek FDA approval for an easily documented, limited use of a product but enjoy virtual immunity for all untested, potentially dangerous off-label uses of the product, including those it knows about and promotes, Dornik said.
“Once they get FDA approval, they get to escape any lawsuit for anything that states like Minnesota would hold them accountable for,” Dornik said of Gorsuch’s interpretation.”
View the whole article here.
