Medtronic's Impact On Medical Device Manufacturers

Law360, New York (May 23, 2008, 12:00 AM EDT) -- In an 8–1 ruling in favor of Medtronic, the U.S. Supreme Court decided on Feb. 20, 2008, that most state lawsuits are preempted by the federal government’s regulatory scheme.

The Supreme Court ruled that premarket approval of new medical devices by the U.S. Food and Drug Administration preempts most personal injury lawsuits seeking monetary damages under state law claims.

In other words, medical device manufacturers are immune from liability for personal injury claims as long as those devices are approved for market by the FDA....
To view the full article, register now.