Thursday, March 5, 2009

Wyeth Inconsistent with Court's Ruling in Reigel v. Medtronic

The New York Times notes that the Wyeth ruling, that "federal law does not protect drug companies from product liability suits in state courts," appears to conflict with a ruling last year involving medical devices. "[T]he Supreme Court ruled last year that federal law does bar such lawsuits against the makers of heart stents, artificial joints and other critical medical devices." Professor David C. Vladeck, of Georgetown University Law Center, said, "I think this is going to force Congress to revisit the issue of why medical devices should be insulated from lawsuits."

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