Preemption and medical devices: a response to Adler and Mann

In a recent article in the Missouri Law Review, Professors Robert Adler and Richard Mann assert that the express preemption provision of the Medical Device Amendments of the Federal Food, Drug, and Cosmetic Act does not preempt common law tort claims. As Adler and Mann concede, theirs is an atypical and minority view. The better view, as addressed in this article, is that the Medical Device Amendments indeed do preempt common law.