Comment K, Presumptions, and Medical Device Design Defects Under Texas Law
Drug & Device Law
FEBRUARY 2, 2023
Texas, unlike most states, enforces a strong statutory presumption that prescription medical product warnings complying with FDA requirements imposed by “pre-market approval or licensing of the product” are adequate as a matter of law. March 4, 2005), rev’d on other grounds , 462 F.3d 3d 364 (5th Cir. American Home Products Corp. ,
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