There is an editorial in this month’s New England Journal of Medicine on Riegel v. Medtronic, the preemption case that the Supreme Court shall soon side that has pharmaceutical and medical device companies sitting on the edge of their seats. Quick background: A man suffered injuries when a balloon catheter…
Today, the Supreme Court will hear arguments in Riegel v. Medtronic. The issue is whether the Food, Drug, and Cosmetic Act forecloses state law personal injury lawsuits for injuries from the design, manufacture, and labeling of a Medtronic medical device that the Food and Drug Administration initially granted a pre-market…
For years, pharmaceutical drug manufacturers have argued that the FDA approval of a drug preempts a duty to warn claim. If this argument had succeeded, FDA preemption would bar claims for injuries caused by a manufacturers’ failure to warn about risks associated with their FDA-approved prescription drugs. President Bush’s administration…
August 2021 Update: These Kugel hernia mesh cases settled for an average of about $70,000 for each victim. The new hernia mesh cases involve Bard and two others: C-Qur Ethicon As I write this on August 23, 2021, there is a trial in the MDL from a Utah plaintiff who…