Case Updates
Utah Supreme Court holds that FDA authorization of medical devices through the 510(k) process may be an affirmative defense to strict liability claims
September 05, 2019
Click here to view the opinion.
U.S. Chamber and aligned groups urge Utah Supreme Court to shield FDA-approved medical devices only available through physician from strict liability design defect claims
October 05, 2018
Click here to view the amicus brief filed jointly by the U.S. Chamber, Advanced Medical Technology Association, American Tort Reform Association, BioUtah, National Association of Manufacturers, and Pharmaceutical Research and Manufacturers of America.
Daniel B. Rogers and Victor E. Schwartz of Shook, Hardy & Bacon L.L.P. served as co-counsel for the coalition.
Case Documents
- Memorandum Decision and Order -- Burningham v. Wright Medical Group, Inc. (USDC - District of Utah).pdf
- Order Granting Certification -- Burningham v. Wright Medical Group, Inc. (Utah Supreme Court).pdf
- U.S. Chamber et al. Amicus Brief -- Burningham v. Wright Medical Group, Inc. (Utah Supreme Court).pdf
- Notice of Supplemental Authority -- Burningham v. Wright Medical Group, Inc. (Utah Supreme Court).pdf
- Opinion -- Burningham v. Wright Medical Group, Inc. (Utah Supreme Court).pdf