Butler Snow attorney Luther T. Munford was recently featured as the Jackson Free Press Person of the Day.
The following is an excerpt from the article:
Luther Munford, an attorney with Butler Snow in Jackson, received a 2020 Law360 Distinguished Legal Writing Award from the Burton Awards earlier this month. The Burton Awards are a nonprofit program that honors accomplishments in law such as reform, public service and regulatory innovation. The awards go to 30 legal articles submitted from the 1,000 largest law firms in the United States each year.
Munford received his award for an article titled “No Way Around It: The Need for Federal ‘Permission and Assistance’ Can Preempt a State Tort Duty,” which Butler Snow’s quarterly pharmaceutical, medical device and health care publication “Pro Te: Solutio” published. Former Butler Snow attorney Erin Lane also contributed to the article, which concerns regulations on pelvic mesh devices used to treat conditions such as incontinence and prolapse for women.
Butler Snow takes cases involving pharmaceutical companies sued under state law from those claiming a device injured them. Sometimes, Munford says, the claim is that a device should have been made in a different way, and his article argues that such claims shouldn’t be allowed unless the Federal Food and Drug Administration has determined that a proposed alternate way of making the device is safe. a practice known as preemption.
“What prompted me to write this article was the fact that we defend these device manufacturers around the country in lawsuits from women claiming injury from pelvic mesh devices, and it’s an important point in those suits that claims of alternate ways of making these devices be limited to ways that the Food and Drug Administration has given a permission to sell,” Munford says.
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