Home -> Law Blog Directory -> Personal Injury Law Blogs -> Drug and Device Law
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Personal Injury Law
: Drug and Device LawPreemption and Investigational Devices after Riegel
By James M. Beck and Mark Herrmann
But no courts had considered the question - until now.
A tip of the cyberhat to Sean Saxon over at Wheeler, Trigg for passing along to us the first decisions (two identical rulings by the same judge) we've seen holding that, because IDE devices are subject to the same PMA regulatory scheme that was at issue in Riegel, product liability claims against such devices are subject to the same degree of preemption recognized in Riegel: The primary takeaway:
IDE approvals are within the express purview of the MDA, are a step on the way to potential Pre Marketing Approval, and the court is unable to differentiate the application of the preemption provisions of the MDA. The preemption provisions apply to IDE approvals.
Robinson v. Endovascular Technologies, Inc., No.: 1-03-CV-009655, slip op. at 3 (Cal. Super. Santa Clara Co. Dec. 17, 2008); Norks v. Endovascular Technologies, Inc., No.: 1-03-CV-010668, slip op. at 3 (Cal. Super. Santa Clara Co. Dec. 17, 2008). Nor could plaintiffs pursue claims alleging "fraudulent conduct of a defendant in approving an IDE," due to Buckman preemption. Id. at 3-4. This was not a case where the FDA had concluded that it was defrauded and ordered the device off the market. Id. at 4.
So there you have it - at least one court's answer: Manufacturers of investigational devices may rely upon the same extensive preemption that Riegel recognized with respect to devices that had completed the PMA process.
Full post as published by Drug and Device Law on December 19, 2008 (boomark / email).
Hayes Bicycle Group
Recalls Quick-Release Devices

Investigational Devices and Preemption
Supreme Court Upholds Preemption Claim Under Medical Device Amendments
A New Essay by Prof. Sharkey on the Impact of Riegel on FDA Preemption of State Law Claims
SCOTUS Riegel Opinion: Preemption as to Medical Devices







