Comment K, Presumptions, and Medical Device Design Defects Under Texas Law
Drug & Device Law
FEBRUARY 2, 2023
2006) (reversal concerned warning issues); Blackmon v. 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. Hoffman-La Roche, Inc. 3d 364 (5th Cir.
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