Product Liability Claims for Medical Devices Preempted

In the Supreme Court decision of Riegel v. Medtronic, Inc. the U. S. Supreme Court granted manufacturers of certain FDA approved medical devices immunity for product related deaths and injuries, finding that State law claims are preempted under the Medical Device Amendments of 1976. Dozens of members of the U. S. House of Representatives have now signed on to co-sponsor an amendment to that statute which would allow injured consumers and patients to hold medical device manufacturers accountable for defective devices resulting in personal injury.

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