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Suing the Certifiers – A Dangerous Undertaking

Drug & Device Law

For qualified IMGs, it issues a certification, which IMGs can then use to apply to residency and other graduate medical education programs and to apply for state medical licenses. The unfortunate truth is that ECFMG was also a victim of this fake doctor’s fraud. Such power rests solely with the FDA.” 471 (11th Cir.

Doctors 52
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TwIqbal And Punitive Damages

Drug & Device Law

544 (2007), and Ashcroft v. Here, Plaintiffs fail to supply factual support showing Defendant acted with “oppression, fraud, or malice,” relying instead upon conclusory allegations. These allegations lack any contention or inference that [defendant] withheld or misrepresented information to the FDA. . ., Twombly , 550 U.S.

Fraud 59
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Comment K, Presumptions, and Medical Device Design Defects Under Texas Law

Drug & Device Law

2007 WL 4042757, at *3 (N.D. 15, 2007); McNeil 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. Novartis Pharmaceuticals Corp. ,

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