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Download Dr. Rep. - Medmarc
Transcript
Why are sales reps popular targets? Company is vicariously liable to Plaintiff for the negligence of its agents and employees under theories of respondeat superior, master servant and right-of- control. Presence as a defendant often prevents removal of case to federal court by destroying complete diversity. Negligence claims against sales reps may survive dismissal based on preemption despite the involvement of a Class III medical device. Adkins v. Cytyc Corp., 2008 WL 268474 (W.D. Va.) Plaintiffs liability theories against reps include: Claims alleging liability based on their mere presence in the OR; and/or Claims alleging liability based on their acts or omissions Rep was negligent because she had a duty to act but took no action; or Rep did take actions which were negligently performed and/or which constitute 20 the unauthorized practice of medicine.
