Argued December 4, 2007 – Decided February 20, 2008
…”Of Wednesday’s pre-emption cases, Riegel v. Medtronic may have the broadest impact. The Court ruled against the estate of Charles Riegel, who died after a catheter made by Medtronic malfunctioned during heart surgery.”
“Riegel sued in federal court, invoking New York state common law to argue for liability and damages. Like lower courts, the Supreme Court ruled that the federal Medical Device Amendments of 1976 specifically preclude states from imposing their own requirements on the makers of federally regulated medical devices.”
“Justice Ruth Bader Ginsburg dissented from the opinion authored by Scalia. Ginsburg called the ruling a “radical curtailment” of state law remedies that Congress did not intend when it passed the law.,,”
From: Munro, Tony. “Supreme Court Creates Pro-Business Stance…”, Legal Times, February 21, 2008.
To see decision click on the link below:
Riegel, Individually, and as Administrator of Estate of Riegel v. Medtronic, Inc. 06-179