Appeals Court Applies Preemption To Medtronic Case

Law360, New York (August 3, 2007, 12:00 AM EDT) -- A Wisconsin appeals court joined the chorus of federal circuit courts applying the doctrine of regulatory preemption on Tuesday, ruling that Medtronic Inc. could not be liable for injuries caused by a defibrillator because the Food and Drug Administration had approved it.

“In sum, we conclude that the premarket approval process, which occurred here, constituted a specific federal requirement,” wrote Judge Ted Wedemeyer, upholding a ruling by a Milwaukee County court.

The preemption principle held true, according to the court, even though the defibrillator in question...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.