Title:

Donna S. Riegel, Individually and as Administrator of the Estate of Charles R. Riegel v. Medtronic, Inc.

Subject:

Preemption, Medical Devices, Food, Drug, and Cosmetic Act, Premarket Approval, Injury & Tort Law

Question:

• Whether the express preemption provision of the Medical Device Amendments to the Food, Drug, and Cosmetic Act, 21 U.S.C. section 360k(a), preempts state-law claims seeking damages for injuries caused by medical devices that received premarket approval from the Food and Drug Administration.

Decisions:

• U.S. Court of Appeals - 2nd Circuit Opinion Filed: May 16, 2006
• United States Supreme Court, Cert. Granted: June 25, 2007

Resources:

• Docket Sheet From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket