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Appeals Court Applies Preemption To Medtronic Case

Law360 (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...
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