Legal Memorandum: Reuse of a Single Use Medical Device

Issue: Is the reuse of a single use medical device a violation of federal criminal law?

Area of Law: Criminal Law, Personal Injury & Negligence
Keywords: Reuse of a single use medical device; Civil penalties; Criminal act
Jurisdiction: Federal
Cited Cases: 708 F. Supp. 2d 903; 218 F. Supp. 2d 802
Cited Statutes: FDCA § 301, § 501, § 514, § 5201(f), § 519, § 520(g), § 522; 21 U.S.C. § 331, § 331(a)—(c), (k), § 333(a), § 333(f), § 336, § 351, § 360(d) , § 360(j); 21 C.F.R. § 814.39, § 814.39(b), §§ 814.39, .84
Date: 08/01/2011

A motion for judgment notwithstanding the verdict is governed by Wis. Stat. § 805.14(5)(b), which provides:

A party against whom a verdict has been rendered may move the court for judgment notwithstanding the verdict in the event that the verdict is proper but, for reasons evident in the record which bears upon matters not included in the verdict, the movant should have judgment. 

“The motion does not challenge the sufficiency of the evidence to support the verdict, but rather whether the facts found are sufficient to permit recovery as a matter of law.”  Hicks v. Nunnery, 643 N.W.2d 809, 815 (Wis. Ct. App. 2002).


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