Preemption: Congress Moving On Medical Device Legislation

Published: May 11, 2009

Point of Law -- The House Energy and Commerce Committee, Subcommittee on Health, has a hearing scheduled Tuesday, May 12th, on H. R. 1346, the Medical Device Safety Act. This is the bill that would end federal preemption for FDA-approved medical devices, allowing (encouraging, inviting, definitely producing) more product liability suits in state courts. The bill (and its Senate companion, S. 560) come in response to the U.S. Supreme Court's ruling in Riegel v. Medtronic. (Opinion.)

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