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Vns Message Board > Legislative Activism In regards to VNS > First : the current law


Title: First : the current law
Description: Supreme Court Ruling


Birdbomb - April 14, 2008 04:44 PM (GMT)
http://www.supremecourtus.gov/opinions/07pdf/06-179.pdf

The Medical Device Amendments of 1976 (MDA) created a scheme offederal safety oversight for medical devices while sweeping back stateoversight schemes. The statute provides that a State shall not “establish or continue in effect with respect to a device intended for human use any requirement—. . . (1) which is different from, or in addition to, any requirement applicable under [federal law] to the device, and . . . (2) which relates to the safety or effectiveness of the device or to any other matter included in a requirement applicable to the device under” relevant federal law. 21 U. S. C. §360k(a). The MDA calls for federal oversight of medical devices that varies with the type of device at issue. The most extensive oversight is reserved for Class III devices that undergo the premarket approval process. These devices may enter the market only if the FDA reviews their design, labeling, and manufacturing specifications and determines that thosespecifications provide a reasonable assurance of safety and effectiveness. Manufacturers may not make changes to such devices that would affect safety or effectiveness unless they first seek and obtainpermission from the FDA.Charles Riegel and his wife, petitioner Donna Riegel, brought suit against respondent Medtronic after a Medtronic catheter ruptured in Charles Riegel’s coronary artery during heart surgery. The catheter is a Class III device that received FDA premarket approval. The Riegels alleged that the device was designed, labeled, and manufactured in a manner that violated New York common law. The District Court held that the MDA pre-empted the Riegels’ claims of strict liability; breach of implied warranty; and negligence in the design,

Bernard - April 14, 2008 06:37 PM (GMT)
Please see the rest of this new forum topic for more on this subject:

Legislative Activism In regards to VNS



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