Ferguson v. Federal Bureau of Investigation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that off-label use is not illegal or disfavored but an accepted and valuable part of the practice of medicine
• finding certain claims preempted when allowing them “would establish labeling and warning requirements different from, or in addition to, federal requirements for the Infuse Device”
• dismissing negligence claim based on a failure to warn because it was expressly preempted
• “[T]he concept of ‘off-label use’ is a creature of the FDCA, is defined by the FDCA, and is not a part of [state] law.”
• “[Ejven the concept of ‘off-label use’ is a creature of the FDCA, is defined by the FDCA, and is not a part of [state] substantive law.”
• “[E]ven the concept of ‘off-label use’ is a creature of the FDCA, is defined by the FDCA, and is not a part of [state] substantive law.”

Source: CourtListener parenthetical corpus (CC0).