How to battle Federal Preemption of Medical Devices

John Inserra

Attorney
(866) 735-1102 Ext 510

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Legislation! Legislation! Legislation!.

As reported in Lawyers USA, a The Medical Device Safety Act of 2008 has been introduced in the United States Senate. The Act being considered will specifically address the findings in the Rigel v Medtronics case decided by the Supreme Court in its last term. If passed, the Act will clarify that Federal Preemption of Medical Devices will not be automatically preempted because of bureaucratic approval. Manufacturers of medical devices will be directly responsible for the safety of there products to the consumers that they may harm. An interesting fight between manufacturers and consumers and one to watch.