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Rehearing Granted In Despain

By James M. Beck and Mark Herrmann

Last month, we noted that the Arkansas Supreme Court's decision rejecting preemption in the context of a PMA-approved medical device was no longer good law in light of the U.S. Supreme Court's later decision in Riegel v. Medtronic. See Despain v. Bradburn, __ Ark. __, __ S.W.3d __ (Feb. 7, 2008).

The Arkansas Supreme Court has now drawn the same conclusion. On April 10, the Arkansas Supreme Court granted the manufacturer's petition for rehearing and issued a substituted opinion affirming the trial court's order granting summary judgment on the ground of preemption. Despain v. Bradburn, __ S.W.3d __, 2008 WL 1067202 (Ark. Apr. 10, 2008).

Full post as published by Drug and Device Law on April 14, 2008 (boomark / email).