U.S. Supreme Court to Hear Preemption Arguments in Balloon Catheter Suit

WASHINGTON, D.C. - The U.S. Supreme Court has agreed to hear argument on whether plaintiffs' state law claims seeking damages for injuries allegedly caused by medical devices that received premarket approval (PMA) from the FDA are preempted by federal law. Riegel, et ux. v. Medtronic Inc., No. 06-179 (U.S. Sup. Ct.).

In a June 25 decision granting a New York couple's petition for a writ of certiorari, the high court said it will consider whether the express preemption provision of the 1976 Medical Device Amendments to the Food, Drug, and Cosmetic Act precludes Charles Riegel's claims that Medtronic Inc. is …