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Feb. 25, 2008
Subject area: Products Liability
In a highly anticipated ruling, the Supreme Court in Riegel v. Medtronic, Inc. upheld a finding of preemption to bar a widow’s lawsuit against a manufacturer alleging product defect in a medical device that she claimed caused her husband’s death. The ruling is important not just in terms of what it means for pending and future product defect claims involving Class III premarket approved medical devices, but also in terms of its effect on other preemption statutes and regulations using similar language. The opinion may also provide insight into whether this Court will interpret preemption provisions more broadly or more restrictively going forward. (Complete Article)
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January 6, 2009