A Supreme Court decision on federal preemption authority for medical devices may hinge on the FDA’s position, and the agency has come out in favor of preemption.The Supreme Court will hear Riegel v. Medtronic Dec. 4 to examine whether the express preemption provision of the Federal Food, Drug and Cosmetic Act (FDCA) preempts state-law claims seeking damages for injuries caused by medical devices with FDA premarket approval. The FDA has filed a brief in favor of Medtronic.
