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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...
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