Welcome to Blog Justice: SSKRP’s Blog. This Blog is designed to discuss interesting new trends and events in the law. We will try to keep the reader informed about new developments in the firm's major practice areas such as cutting edge healthcare law and bioethics, first party insurance coverage, and New Jersey business practices. But frequently, we will travel further afield. It is made available for educational and entertainment purposes only and is not intended to give legal advice. By using this Blog, you understand that there is no attorney client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Waxman Wants To Pre-Empt Riegel v Medtronic

By sskrplaw on July 2, 2008 4:44 PM | Permalink | Comments (0) | TrackBacks (0)

Representative Henry Waxman has introduced a bill to essentially overrule the recent court rulings such as Riegel v Medtronic holding that civil claims against medical device manufacturers are pre-empted by FDA action. The Medical Device Safety Act of 2008 would reinstate tort liability in state civil actions alleging negligent design of such devices or the failure to warn of their dangerous propensity. Such a bill would be a welcome relief to consumers seeking just compensation for their injuries.

Alan Milstein

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