Since last year, a number of courts have interpreted and applied the express preemption holdings of Riegel v. Medtronic, Inc., 128 S.Ct. 999 (2008). Miller v. DePuy Spine, Inc., 07-cv-01639, 2009 US Dist LEXIS 49602 (D. Nev. May 1, 2009), is another example and, although it was decided on May 1, has just recently been picked up by LEXIS.
In Miller, the Nevada District Court granted summary judgment for the manufacturer of a PMA approved spinal implant disc called the Charite Artificial Disc. While many courts, including this one, correctly follow Riegel and hold that the state law claims challenging the design, manufacture and labeling claims are expressly preempted, this court also entered judgment for the defendant on warranty and misrepresentation claims that have a received a more mixed reception in some courts...… Continue Reading
Recent posts on www.lifescienceslegalupdate.com include:
"Objectivity in Research PHS-Funded Research" discussing whether HHS should tighten current regulations for Public Health Service-funded research to provide a more rigorous approach to investigator disclosure, management of conflicts, and federal oversight.
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"Will The May 12 Hearing On The "Medical Device Safety Act of 2009" Recognize The Costs Of Eliminating Preemption?" regarding a hearing the House Committee on Energy and Commerce's Subcommittee on Health announced for Tuesday, May 12, 2009, at 2:00 p.m. regarding a bill to overturn medical device preemption, and a new economics study ("The Economic Impact of Eliminating Federal Preemption for Medical Devices on Patients, Innovation and Jobs" by Ernst Berndt, PhD, and Mark Trusheim of the Massachusetts Institute of Technology's Sloan School of Management) regarding the "broad and generally negative" effects likely to result from any effort to eliminate preemption.… Continue Reading
As Point of Law pointed out on February 3, a move is afoot to “Revers[e] Preemption, One Bill At A Time,” starting with industries regulated by the FDA. Section 2 of the FDA Globalization Act OF 2009, H.R. 759, merits the attention of the life sciences industry. It provides: This Act and the amendments made … Continue Reading
Today's posts on lifescienceslegalupdate.com include "Gerald Masoudi at ACI" which includes some notes regarding the presentation by the FDA's Gerald Masoudi today at the ACI Drug and Device Conference, and "EPA Proposes Change in Regulations for Disposal of Unused Pharmaceuticals".
View the full blog at https://www.lifescienceslegalupdate.com.
View "EPA Proposes Change in Regulations for Disposal of Unused Pharmaceuticals": https://www.lifescienceslegalupdate.com/2008/12/articles/regulatory-developments/epa-proposes-change-in-regulations-for-disposal-of-unused-pharmaceuticals/… Continue Reading
In its November 2008 issue, the Harvard Law Review will publish "Preemption of State Common Law Claims," 122 Harv. L. Rev. 405, an article that discusses Riegel v. Medtronic, Inc., 128 S.Ct 999 (2008) and its impact on state law claims. Of note, the authors state: "Despite criticisms that it leaves tort victims uncompensated, preemption is … Continue Reading
Tomorrow's JAMA contains an editorial entitled, "Prescription Drugs, Products Liability, and Preemption of Tort Litigation" (subscription) by Catherine D. DeAngelis; Phil B. Fontanarosa (JAMA. 2008;300(16):1939-1941 (doi:10.1001/jama.2008.513)).
Suffice it to say, the premise that tort litigation safeguards patient health is faulty. Ensuring patient access to innovative and needed medical options is essential. See Riegel v. Medtronic, Inc., 128 S. Ct. 999, 1009 (2009) (discussing the express preemption statute for medical devices and stating, "the text of the statute - suggests that the solicitude for those injured by FDA-approved devices, which the dissent finds controlling, was overcome in Congress's estimation by solicitude for those who would suffer without new medical devices if juries were allowed to apply the tort law of 50 States to all innovations.")… Continue Reading
Over at Drug and Device Law Beck and Herrmann muse on the possible impact of a win by Sen. Obama on drug and device law. This blog takes no sides on the election – and this may mean nothing for the future development of the law – but it is interesting to note that in the … Continue Reading
In Parker v. Stryker Corp., 2008 WL 4457864 (D. Colo. Oct. 1, 2008), the District of Colorado addressed Riegel v. Medtronic, Inc., 128 S. Ct. 999 (2008), and the applicability of the express preemption clause of the Medical Device Amendments in a case where the manufacturer sought a discovery stay pending resolution of its motion … Continue Reading
The plaintiff in Hearn v. Advanced Bionics Corporation, No. 06cv114-KS-MTP, 2008 WL 3896431 (S.D. Miss. Aug. 19, 2008) attempted to win a do-over of a straightforward defense preemption win. The district court had granted in part and denied in part the defendant’s motion for summary judgment based on preemption as a result of the Class … Continue Reading
Earlier this week, in Uhm v. Humana, Inc., --- F.3d --- , 2008 WL 3891592, No. 06-35672 (9th Cir. Aug. 25, 2008), the Ninth Circuit upheld a lower court ruling that the express preemption provision of the Medicare Prescription Drug Improvement and Modernization Act preempted state law claims arising from the plaintiffs' prescription drug benefits provided by a Medicare supplement insurer.… Continue Reading
This case provides an interesting glimpse of what could happen if the plaintiffs are successful in persuading Congress to change the import of Riegel v. Medtronic, Inc.’s, (552 U.S. ___, 128 S.Ct. 999, (Feb. 20, 2008)) holding through legislation. In Lundeen v. Canadian Pacific Railway Company, 532 F.3d 682 (8th Cir. July 2, 2008), the Eighth Circuit addresses … Continue Reading
A recent Virginia federal court decision demonstrates the powerful effect of the Riegel v. Medtronic precedent in product liability cases where PMA-devices are subject to claims-sounding in negligence or breach of duty related to the design, manufacturing, and labeling of the device. According to this court, however, the preemption defense of Riegel reaches only those allegations … Continue Reading
Reed Smith partners James W. Wood and James C. Martin recently wrote an article regarding pharmaceutical and medical device preemption for the Washington Legal Foundation, discussing such cases as the Third Circuit’s Colacicco v. Apotex, Inc. case, as well as activity in the U.S. Supreme Court.… Continue Reading
This post was also written by Michael K. Brown. In This Issue… U.S. Supreme Court Activity in Medical Device and Drug Preemption Cases Express Preemption in the Lower Courts Preemption and Buckman Implied Preemption in the Lower Courts Recent Legislation Miscellaneous Cases Click here to read more.… Continue Reading