Monday, July 13, 2009

Federal preemption case for medical device

In the United States, Federal preemption refers to the displacement of state law by Federal law

Federal pre-emption is the notion that, if the U.S. Food and Drug Administration (FDA) approves a medical device, injured patients should not be able to sue product manufacturers by alleging defective warnings.

There is a classic case of Riegel v. Medtronic in regards to the federal preemption

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