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- Title
Preemption in Medical Device Litigation: What Has Changed Since Riegel?
- Authors
Trasatti, Marisa A.; Graham, Jhanelle A.
- Abstract
The article discusses state and legislative developments in the U.S. after the U.S. Supreme Court decision in Riegel v. Medtronic, Inc. (Riegel) that the pre-emption clause of the Medical Device Amendment of 1976 bars state common-law claims that challenges the safety of a medical device marketed in a form that received premarket approval from the U.S. Food and Drug Administration. It reflects on the legislative attempts to limit Riegel's future application.
- Subjects
UNITED States. Food &; Drug Administration; UNITED States. Supreme Court; MEDICAL equipment laws; LEGISLATIVE amendments; LEGAL judgments; RIEGEL v. Medtronic Inc. (Supreme Court case)
- Publication
FDCC Quarterly, 2012, Vol 62, Issue 3, p263
- ISSN
1544-9947
- Publication type
Article