Burningham v. Wright


(Utah, filed October 5, 2018): The brief addressed the unavoidably unsafe exception to strict liability in design defects recognized in the Restatement (Second) of Torts and whether it applies to implanted medical devices.

Court ruled against ATRA's position

On September 5, 2019, the Utah Supreme Court quickly dispensed with any discussion of comment k and PMA-approved devices because state law tort claims concerning those devices are preempted. 

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SCOTUS Should Affirm Federal Law Supremacy With FDA Authority Case

The U.S. Supreme Court has a chance to rein in state court rulings that impose liability on pharmaceutical companies that go beyond, and even contradict, the federal regulatory process of the FDA, according to Tiger Joyce, president of the American Tort Reform Association. He explains why it is imperative the high court review a case involving Janssen Pharmaceuticals.