More on Riegel and FDA preemption

SCD’s coverage of the major preemption case Riegel v. Medtronic, Inc. is available here. The subject of FDA preemption is nearer and dearer to me than ever these days thanks to my receipt of a Medtronic implanted pacemaker on July 2 (my fiftieth birthday).

NYU lawprof Catherine Sharkey has written an essay on Riegel and its likely effects on the future of preemption law. The essay is available online in two parts here and here.

Recall that we’re talking not about FDA regulations trumping some state administrative agency’s conflicting regs. No sir. We’re talking about FDA regs wiping out state tort law in toto with respect to defective medical devices. That’s created a worst-of-all-worlds scenario in which the FDA provides grossly inadequate safeguards on the front end while at the same goddamn time taking away the innocent victim’s chance at redress on the back end. It’s fast becoming a libertopian/personal responsibility nightmare up in here.

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