Saturday, March 3, 2012

Supreme Court hears oral arguments in pre-emption case; Justices weigh how broadly federal statue shields medical devices.(News)(cases of Donna S. Riegel with Medtronic Inc.)

Byline: MARK A. HOFMANN

WASHINGTON-How the Supreme Court deals with a case that asks how broadly a federal statute governing medical devices pre-empts state product liability suits could have an impact on other products as well, say some legal analysts.

The high court heard oral arguments last week in Donna S. Riegel vs. Medtronic Inc. The question before the court is whether the express pre-emption provision of the Medical Device Amendments to the Food, Drug and Cosmetic Act provides a blanket protection to medical device manufacturers from state liability suits if the devices received premarket approval from the federal Food and Drug Administration. …

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