( not have used the balloon catheter bec...)US Supreme Court Could Protect Medical Equipment Manufacturers from Law Suits,Health

not have used the balloon catheter because of Mr. Riegels condition and that the surgeon used the device in a manner inconsistent with its labeling.

Both a Federal District Court and a Federal Appeals Court in New York dismissed most of the Riegels claims. Those courts concluded that because the FDA had approved the balloon catheter after a rigorous review and before it went to market, injured patients could not file claims against Medtronic under state law.

The medical devices amendment forbids a state from adopting any requirement which is different from, or in addition to, any requirement in federal law.

Federal courts around the nation have taken different views of whether that provision bars state law damage claims against medical devices approved by the FDA.

The issue has so confounded the courts that three appeals courts reviewing the same medical device made by the same company have reached two different conclusions about whether patients could bring a lawsuit.

Lawyers involved in the Medtronic case say they expect the court to hear from manufacturers and business groups in support of Medtronic, as well as from states and consumer organizations on behalf of the patient who was injured. The case, Riegel v. Medtronic, No. 06-179, is expected to be heard by the court in the fall.

Significantly, a group of similar cases involving drugs is also moving through the courts.


'"/>




Page: 1 2
Related medicine news :

1. Supreme Court Quashed Reservation Quotas For PG Medical Courses
2. Supreme Court Verdict Gives Hope to Striking Medicos
3. Supreme Court Warns Medicos of Contempt Action
4. Supreme Court Verdict Gives Hope to Striking Medicos
5. Supreme Court Orders Striking Medicos To Call Off Agitation Immediate
6. Supreme Court Ruling On Health Care Not Respected. Alleged Physician
7. Doctors to Get Pay for Limited Strike Period : Supreme Court
8. Supreme Courts Order is a Vindication of Our Stand: AIIMS Medicos
9. Supreme Court Notice to Centre, MCI on Doctors Strike
10. Supreme Court Seeks Replies From Cola Firms
11. Mexico Supreme Court Accepts Petition To Review Mexico City Law Legalizing Abortion During First Three Months Gestation