Judge Rosenbaum’s decision in the Medtronic Defibrillator Litigation brought to mind medical device preemption. We’ll be doing a post on that decision in the relatively near future.
In the meantime, we’ve decided that this doesn’t have to be only our blog; it can also be our file cabinet. We can clip and save here useful precedents, and then we’ll know where to find them when we need them.
In the area of medical device preemption, the recent cert petition and opposition filed in Riegel v. Medtronic collected between them most of the leading cases on medical device preemption for devices that entered the market through premarket approval. So here’s a link to the cert petition and here’s a link to the opposition. Now, whenever we need cites for PMA preemption, we won’t be rummaging around through our file drawers, cursing.