Firm Obtains Preemption Dismissal for its Client American Medical Systems

The Firm obtained a voluntary dismissal of a failure-to-warn product liability lawsuit filed against clients American Medical Systems, Inc. and TherMatrx Inc. for alleged defects in a medical device labeled for non-surgical treatment of enlarged prostate. The device had been approved through the FDA’s “premarket approval” (“PMA”) process and covered by the preemption provision of the Medical Device Amendments to the federal Food, Drug & Cosmetics Act. Partner Stephanie Scharf represented the defendants. June 2007.