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Federal law preempts Medtronic pain pump suit 

Published: January 30, 2012

Tags: Medical Device Amendments, Medtronic, preemption, premarket approval, product liability, Riegel v. Medtronic

Federal law regulating medical devices preempted product liability claims brought by a woman whose husband allegedly received a fatal overdose of medication from a Medtronic drug infusion system, the 4th Circuit has ruled in affirming judgment.

Pain pump lawsuit preempted 

By: Pat Murphy
Published: March 9, 2011

Tags: Medical Device Amendments to the Federal Food Drug and Cosmetic Act, pain pump, preemption, product liability, Riegel v. Medtronic

Federal law regulating medical devices preempts state product liability claims against the manufacturer of a pain pump, the 11th Circuit has ruled in affirming a summary judgment.

Medical device claim not preempted 

By: Pat Murphy
Published: January 25, 2011

Tags: failure to warn, Food and Drug Administration, Medical Device Amendments to the Federal Food Drug and Cosmetic Act, preemption, product liability, Riegel v. Medtronic

Federal law does not completely preempt state law failure-to-warn claims against the manufacturer of a medical device used to treat excess uterine bleeding, the 5th Circuit has ruled in reversing a summary judgment.

Stryker hip implant suit not preempted 

By: Pat Murphy
Published: December 27, 2010

Tags: FDA, Food and Drug Administration, hip implant litigation, medical devices, preemption, Riegel v. Medtronic, Stryker Corp., Trident hip system

Federal law regulating medical devices does not preempt a product liability lawsuit over an allegedly defective ceramic-on-ceramic hip replacement system, the 7th Circuit has ruled in reversing a dismissal.

Claims over experimental medical device preempted 

By: Pat Murphy
Published: December 22, 2010

Tags: FDA, Food and Drug Administration, medical devices, preemption, Riegel v. Medtronic

Federal law governing medical devices preempts claims brought by a plaintiff who suffered severe injuries after being implanted with an experimental prosthetic graft, the California Court of Appeal has ruled in affirming judgment.

Artificial hip lawsuit is preempted 

By: Pat Murphy
Published: September 8, 2010

Tags: FDA, Food and Drug Administration, hip replacement, medical devices, preemption, Riegel v. Medtronic

The federal regulatory scheme for the approval of medical devices preempts a product liability suit alleging defects in an artificial hip component, a U.S. District Court in Texas has ruled in granting a dismissal.

Heart stent claims not completely preempted 

By: Pat Murphy
Published: August 3, 2010

Tags: failure to warn, medical devices, off-label uses, preemption, product liability, Riegel v. Medtronic

Federal medical device law does not completely preempt product liability claims over a coronary stent, the New Jersey Appellate Division has ruled in reversing a dismissal.

High Court confirmation process to stall delayed bills 

By: Kimberly Atkins
Published: May 10, 2010

Tags: arbitration, Elena Kagan, Employment Law, FDA, food safety, Riegel v. Medtronic

First it was the health care bill. Now it is the financial reform package.

And soon, authors and advocates of key pieces of legislation important to lawyers will face yet another obstacle to getting those bills to a final vote: the confirmation process for Elena Kagan, who has been nominated to be the next U.S. Supreme Court justice.

David C. Frederick: Success in two pivotal preemption cases 

By: Kimberly Atkins
Published: December 11, 2009

Tags: Altria Group v. Good, federal preemption, Riegel v. Medtronic, Wyeth v. Levine

When David C. Frederick took on the task of trying to persuade the justices of the U.S. Supreme Court that federal law preempts neither state law claims against drug makers nor claims alleging deceptive cigarette labeling by tobacco companies, there were some betting against him.