The Baez Law Firm | San Antonio Lawyers and Attorneys

The Baez Law Firm | San Antonio Lawyers and Attorneys
San Antonio Lawyers and Attorneys

Thursday, July 12, 2007

Does federal law preempts recovery against an FDA approved medical device?

The United States Supreme Court will take up on the question. There is a discrepancy on rulings form several circcuits including 3rd, 5th, 6th, and 7th which have held similarly and the 11th circuit reaching an opposite conclusion. Riegel v. Medtronics, Inc., No. 06-179. Certiorari granted June 25, 2007.

Previous presedent had set forth two requirements for preemption: 1) that the product is subject to device-specific standards, and 2) that a successful lawsuit under state law would impose additional standards upon the device.

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