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Medical Cos.' Success With Riegel May Be Short-Lived

Law360 (February 12, 2009, 12:00 AM EST) -- While the U.S. Supreme Court's recent preemption decision in Wyeth v. Levine was a blow to drugmakers, medical device makers have had great success in the year since the high court made a pro-preemption ruling in the high-stakes Riegel v. Medtronic — but Congress could put an end to that success.

In February 2008, the high court ruled 8-1 in Riegel v. Medtronic that medical device manufacturers could not be sued under state law if a device that had undergone the U.S. Food and Drug Administration's...
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