For three decades, the medical device defense bar has litigated preemption under a framework that even its authors could not agree upon. Medtronic Inc. v. Lohr, decided by the U.S. Supreme Court in 1996, produced a fractured plurality that grafted two glosses onto the express preemption clause of the Medical Device Amendments, or MDA, at Title 21 of the U.S. Code, Section 360k(a). Originally published in Law360 on August 6, 2026….
By: Blank Rome LLP
By: Blank Rome LLP
