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Unpacking Averages: Assessing the Racial Composition of Drug Clinical Trial Subjects

Health Law Advisor

The United States Food and Drug Administration (FDA) for many years has been trying to increase the participation of minorities in clinical trials to help ensure that regulated products are tested and labeled in an appropriate cross-section of Americans. National Library of Medicine, with support from FDA.

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A Health-Heavy State of the Union

Kaiser Health News

The FDA is at the center of the abortion pill case, which challenges its approval of the drug decades ago and could set a precedent for legal challenges to the approval of other drugs. I also want to point out that neither Republicans nor Biden have yet said that they consider Medicaid in that same untouchable category.

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Dealing with the Pennsylvania Supreme Court’s Non-Decision on Standards Compliance Evidence

Drug & Device Law

We have discussed how exclusion of FDA compliance in pelvic mesh cases, based on a false equivalence between preemption and evidentiary admissibility, has hampered the defense in that litigation. 2d 439 (2005): [A]t the time this [product] was sold, it complied with all safety standards. 3d 1245 (N.J. 2d at 1013-14. Beloit Corp. ,

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Logical Contradiction Doctrine:  Buckman for Textualists

Drug & Device Law

470 (1996), was decided – removing express preemption as a defense for manufacturers of §510(k) products So defendants moved on fraud on the FDA under an implied preemption theory and won. Plaintiffs Legal Committee , 531 U.S. Mensing , 564 U.S. Mensing , 564 U.S. Lohr , 518 U.S.

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Express Preemption Based On Forceful Agency Action Pursuant To Law

Drug & Device Law

When we have given talks on preemption, whether to law firm personnel, attendees of professional conferences, or new FDA employees, we have tended to start with the Supremacy Clause and then break up the types of preemption and the issues related to them into different buckets. The most famous of these is probably Bates v.

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