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Medical Device Recalls: The Soft Recall

There have not been any medical device recalls announced by the FDA since early June. This is a good thing. But there is a lot of silent recalls when a product is taken off the market because sales are crashing in response to all the reasons why there should be a recall in the first place.

From a plaintiffs’ lawyers’ standpoint, the best cases to try are those cases where a bad product was given a soft recall, but the product is left on the market until the shelves clear. Defense lawyers are not racing to the courthouse steps to try these cases and they usually settle in the highest value range of a mass tort settlement (or the plaintiff opts out of the settlement and gets a higher offer later).