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Retroactivity In The Medical Device Safety Act

Law360 (April 21, 2009, 12:00 AM EDT) -- Legislation introduced in the House and Senate on March 5, 2009, would overturn the Supreme Court’s 2008 decision in Riegel v. Medtronic Inc., 128 S. Ct. 999 (2008), which held that the express preemption clause of the Medical Device Amendments of 1976 preempts state law tort claims challenging the safety of medical devices “that received premarket approval” from the FDA.

The bills were introduced the day after the Supreme Court’s decision in Wyeth v. Levine, 129 S. Ct. 1187 (2009), which held that Federal drug laws...
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