The Supreme Court today issued their decision in Riegel v. Medtronic, Inc. At issue before the Court was whether the pre-emption clause in the Medical Device Amendments of 1976, 21 U. S. C. §360k, bars state law claims challenging the safety and effectiveness of a medical device approved by the federal Food and Drug Administration. The plaintiff in the case (who died while the case was still on appeal) had suffered serious injuries when a catheter manufactured by Medtronic burst during a medical procedure. In an 8-1 decision, the Court held that state lawsuits are barred to the extent they would impose requirements that are different from federal requirements.
About the Author
Tom D'Amore is the founder of D'Amore Law Group and a trial attorney with over 30 years of experience representing injured people and their families across the West Coast, securing more than $325 million in recoveries. He handles cases involving
car accidents,
trucking accidents,
construction injuries,
medical malpractice, and
sexual abuse. Licensed in Oregon, Washington, and California, Tom is the only NBTA board-certified truck accident attorney in Oregon. He is a national Board of Governors member, past Executive Committee member, and past Budget and Audit Chair of the American Association for Justice, as well as past President of the Oregon Trial Lawyers Association and an Eagle member of the Washington State Association for Justice.
