Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

06-179

Term

2007 Term

Oral Argument Date

December 04, 2007

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Questions Presented

Whether the express preemption provision of the Medical Device Amendments to the Food, Drug, and Cosmetic Act, 21 U.S.C. §360k(a), preempts state-law claims seeking damages for injuries caused by medical devices that received premarket approval from the Food and Drug Administration.

Case Updates

Supreme Court affirms federal preemption of state tort law

February 20, 2008

The Supreme Court concluded that the Medical Device Amendments to the Food, Drug and Cosmetic Act preempts state law personal injury lawsuits where the device in question received premarket approval.

U.S. Chamber files amicus brief on the merits

October 19, 2007

NCLC urged the Supreme Court to find that the Medical Device Amendments to the Food, Drug and Cosmetic Act preempts state law personal injury lawsuits where the device in question received premarket approval. In this case, the plaintiff’s husband died after a balloon catheter manufactured by the defendant ruptured during an angioplasty. Because the catheter had been approved by the Food and Drug Administration (“FDA”) pursuant to a rigorous premarket approval process, NCLC contended that personal injury lawsuits, which impose regulatory-like burdens of their own, conflicted with the considered judgment of the FDA and should be preempted.

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