As CL&P blog readers may recall, on June 25, the Supreme Court agreed to hear an important federal preemption case involving a man allegedly injured by a defective medical device. The case presents the question whether state-law damages suits seeking recovery for injuries caused by medical devices that received FDA pre-market approval are preempted by the Medical Device Amendments to the Food, Drug, and Cosmetic Act. The plaintiffs recently filed their opening brief on the merits. We have blogged about the case on five prior occasions, including in this post, which links to several other posts. Public Citizen Litigation Group, lead counsel in the case, has collected other relevant materials here.
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