Client Genzyme Corporation Receives Preemption Decision in Wrongful Death Case

On July 25, 2008, the Northern District of Illinois issued a memorandum order in the case Heisner v. Genzyme Corp., dismissing all counts of a tort/wrongful death action against a Class III medical device made by client Genzyme. The Court concluded that the complaint could not survive the preemption provision of the Medical Device Amendments to the Food, Drug & Cosmetics Act although the court did allow leave to amend. Partner Stephanie Scharf and Associate David Austin represented Genzyme Corp.

Related Attorney: Stephanie A. Scharf, David W. Austin