Win For Federal Preemption And Device Makers

Law360, New York (February 29, 2008, 12:00 AM EST) -- For the first time in over a decade, since Medtronic v. Lohr, 518 U.S. 470 (1996), the U.S. Supreme Court has revisited express preemption of product liability claims involving medical devices.

Last week, the Court issued its eagerly awaited opinion in Riegel v. Medtronic, Inc., Opinion Number 06-179 (Feb. 20, 2008). The 8-1 decision, which significantly limits state tort liability for makers of medical devices given premarket approval (PMA) by the FDA, is a major victory for the industry.

In Riegel, the plaintiffs sued Medtronic for...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.