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The FDA, Preemption, and the Supreme Court | NEJM
- https://www.nejm.org/doi/full/10.1056/NEJMp0802108
- Under the U.S. Constitution's Supremacy Clause, federal laws are “supreme” over state laws: when the two conflict, the federal law rules, and the state law is unenforceable. If the two do not...
Supreme Court sets high bar for medical device lawsuits
- https://apnews.com/098bb4bbb8f14270a78acd2e81c9d4b7
- Supreme Court sets high bar for medical device lawsuits By JUSTIN PRITCHARD November 25, 2018 GMT In this Oct. 31 2018 photo, George and Brenda …
PA Laws Unclear on Medical Device Liability, Sent to …
- https://www.natlawreview.com/article/third-circuit-sends-questions-regarding-medical-device-liability-to-pennsylvania
- In Ebert v. C.R. Bard, the United States Court of Appeals for the Third Circuit determined that Pennsylvania state law is unclear on two issues of medical device …
The Worst-Case Scenario for the Medical …
- https://www.mddionline.com/news/worst-case-scenario-medical-device-industry-supreme-court-healthcare-reform-case
- The Worst-Case Scenario for the Medical Device Industry in the Supreme Court Healthcare …
Supreme Court sets high bar for medical …
- https://www.foxbusiness.com/markets/supreme-court-sets-high-bar-for-medical-device-lawsuits
- Supreme Court sets high bar for medical device lawsuits By JUSTIN PRITCHARD Associated …
Riegel v. Medtronic, Inc., 552 U.S. 312 (2008) - Justia Law
- https://supreme.justia.com/cases/federal/us/552/312/
- The Medical Device Amendments of 1976 (MDA) created a scheme of federal safety oversight for medical devices while sweeping back state oversight schemes. The statute …
RIEGEL v. MEDTRONIC, INC. - Legal Information Institute
- https://www.law.cornell.edu/supct/html/06-179.ZS.html
- In Medtronic, Inc. v. Lohr, 518 U. S. 470, the Court interpreted the MDA’s pre-emption provision in a manner “substantially informed” by an FDA regulation, …
Supreme Court Shields Medical Device Manufacturers …
- https://www.naturalnews.com/022713.html
- (NaturalNews) The U.S. Supreme Court has ruled that medical device manufacturers cannot be sued for injuries caused by their products if those products were pre-approved for use …
ELI LILLY AND COMPANY, Petitioner v. MEDTRONIC, …
- https://www.law.cornell.edu/supremecourt/text/496/661
- * In 1983, pursuant to 28 U.S.C. § 1338(a), the predecessor-in-interest of petitioner Eli Lilly filed an action against respondent Medtronic in the United States …
Justices Shield Medical Devices From Lawsuits - The New York …
- https://www.nytimes.com/2008/02/21/washington/21device.html
- WASHINGTON Makers of medical devices like implantable defibrillators or breast implants are immune from liability for personal injuries as long as the Food and …
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