Riegel V. Medtronic: Better Off Without It?

Law360, New York (July 30, 2008, 12:00 AM EDT) -- The Supreme Court’s recent decision in Riegel v. Medtronic Inc. concluded that the law on medical device preemption should remain the same as it ever was: medical devices approved by the FDA’s Pre-Market Approval process are expressly preempted from design defect and inadequate warning claims.

Hysteria ensued among the plaintiffs bar and some of the news media, with proclamations that the sky was falling on patients’ safety.

In fact, Riegel merely echoed the conclusions of the vast majority of Circuit Courts. Nonetheless, members of Congress have...
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