Law Firm News
Today's Date: Bookmark This Website
US court rules for Medtronic, bars some state suits
Law Firm News | 2008/02/20 21:46

The U.S. Supreme Court handed a victory to Medtronic Inc on Wednesday, ruling that patients cannot sue medical-device manufacturers in state court over harm from a device that has approval from federal regulators.

By an 8-1 vote, the court ruled a 1976 law creating federal safety oversight for medical devices bars state-law claims challenging safety or effectiveness of devices that have won premarket approval from the U.S. Food and Drug Administration.

The decision was the Supreme Court's first ruling on the legal effect of the FDA's approval of a medical device on liability lawsuits, Medtronic said.

The ruling could benefit other device makers, who have argued that the FDA's judgment that a product is safe and effective should protect companies from being sued for liability in state court.

The Medtronic case involved a New York man who was injured in 1996 when a doctor inflated a balloon catheter during an artery-clearing procedure.

Medtronic has said the doctor in the case used the catheter contrary to labeling instructions and in a patient for whom it was not recommended. The company no longer makes that specific catheter.

A federal trial court in Albany, New York, dismissed the lawsuit, finding the patient was not entitled to state law remedies because of the FDA's prior approval of the device.

A U.S. appeals court agreed that the lawsuit was pre-empted by federal law, and the Supreme Court upheld that decision.



[PREV] [1] ..[2520][2521][2522][2523][2524][2525][2526][2527][2528].. [2529] [NEXT]
All
Legal Network
Law Firm News
Court Issues
Court Watch
Legal Interview
Topics
Blog News
Press Release
Legal Opinions
Tight US House races in Cali..
Election 2024 highlights: Re..
North Carolina Attorney Gene..
Republicans take Senate majo..
Au pair charged in double ho..
A man who threatened to kill..
Ford cuts 2024 earnings guid..
Kenya’s deputy president pl..
South Korean court acquits f..
Sean ‘Diddy’ Combs to stay..
Supreme Court grapples with ..
Georgia Supreme Court restor..
US court to review civil rig..
Supreme Court will weigh Mex..
New rules regarding election..


   Lawyer & Law Firm Websites
Indianapolis Personal Injury Law Firm
Indiana, IN Personal Injury Attorneys
www.williamspiatt.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Chicago Work Accident Lawyer
Chicago Workplace Injury Attorneys
www.krol-law.com
San Bernardino Criminal Defense Attorneys
DUI Lawyer
www.bullardpowell.com
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
   Legal Resource Links
  U.S. Legal News
 
 
© Law Firm News Network. All rights reserved.

The content contained on the web site has been prepared by Law Firm News Network as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Legal Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Affordable Law Firm Website Design