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.