Thursday, February 21, 2008
Riegel v. Medtronic
On Wednesday, the U.S. Supreme Court held that Food and Drug Administration approval of medical devices preempts personal injury claims filed under state laws. The decision, which was split 8-1, holds that the preemption applies to certain medical devices that meet FDA specifications, and were approved by the administration before being marketed to the public.
You can read more about the decision, here.
I know there are a lot of philosophical differences about the benefits of a free market, but in my opinion, if there is going to be minimal governmental regulations on the front end, then injured persons need to be able to hold negligent manufacturers responsible. If there's no oversight, there should at least be accountability. That's what the civil justice system is supposed to provide.
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