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Supreme Court Handles Device Makers a Victory
The U.S. Supreme Court in February tackled an issue that has come up frequently in lawsuits brought by plaintiffs claiming they've been injured by medical devices: Do the Medical Device Amendments of 1976 preempt state law-based claims against device manufacturers? The Court had partially answered the question in Lohr v. Medtronic, but the fact situation in that case did not necessarily make its decision applicable to other cases against medical devices manufacturers.
Following Lohr, the U.S. Courts of Appeal generally found that state law claims for injuries caused by medical devices were indeed preempted, with only one ' the Eleventh Circuit ' holding in Goodlin v. Medtronic Inc., 167 F3d 1367 (11th Cir. 1999), that the contrary was true. The Supreme Court has now attempted to clarify the issue in Riegel v. Medtronic Inc.,128 S.Ct. 999 (U.S. 2/20/08), and it is likely that device manufacturers around the world are now breathing a sigh of relief, while at the same time rushing to file motions to dismiss most of the many suits now pending against them in courts around the United States.
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