Buckman Limits Claims in a Commercial Case
Litigation attorney Eric Alexander published a blog for Drug & Device Law discussing Desai v. StimLabs LLC, a Georgia Superior Court decision addressing the scope of Buckman implied preemption in a commercial dispute involving human cells, tissues, and cellular and tissue-based products (HCT/Ps). In the case, a dermatology practice claimed it was defrauded into purchasing products represented as lawfully marketed and eligible for reimbursement by the Centers for Medicare & Medicaid Services (CMS). The court held that claims based on alleged misrepresentations concerning compliance with the Federal Food, Drug and Cosmetic Act (FDCA) and approval by the U.S. Food and Drug Administration (FDA) were impliedly preempted because they depended on federal regulatory requirements. However, the court declined to preempt claims based on alleged misrepresentations about Medicare coverage, explaining that those claims did not depend exclusively on the FDCA. Eric concludes that the decision demonstrates both the continued reach of Buckman and the limits of preemption when claims concern Medicare reimbursement rather than FDA compliance.