Sometimes, we try to be encyclopedic in our blog posts. Sometimes, we try to be funny. (Yeah, yeah: “Try” is the operative word.) Today, we’re just being descriptive.
In Delaney v. Stryker Orthopedics, No. 08-03210 (DMC), 2009 U.S. Dist. LEXIS 16865 (D.N.J. Mar. 5, 2009), Delaney underwent hip replacement surgery with a hip prosthesis manufactured
As you know, we watch the medical device preemption cases.
But here’s a Riegel wrinkle. (In fact, we like this case so much that we might call it
It’s been a tough two days for the drug and device industry.
Yesterday, Wyeth v. Levine.
Today, the Medical Device Safety Act of 2009, which is meant to reverse legislatively the Supreme Court’s pro-preemption decision in Riegel v. Medtronic.
Here’s a link to the House Committee on Energy and Commerce, which reports on the introduction
A little more than a year ago, back in February 2008, a majority of the Supreme Court stated, in Riegel v. Medtronic, Inc.:
Indeed, one would think that tort law, applied by juries under a negligence or strict-liability standard, is less deserving of preservation. A state statute, or a regulation adopted by a state
Probably the most unexpected aspect of blogging has been fielding all these calls from reporters. But it does make us wonder sometimes about the quality of the news we hear anywhere. Honestly, would you trust reporters with sources like us?
And one of the most common questions we get asked – well, not exactly, but
Not quite six months ago, the Supreme Court decided Riegel v. Medtronic, Inc., 128 S. Ct. 999 (2008), but then again, most or our readers know that. Since then, our prediction that the plaintiffs would try, through Congress, to strangle Riegel in its cradle have proven all too accurate. Ditto for our expectations
Sometimes, two contrasting images make for a good title.
We figured we’d use two completely unrelated images: Dukakis and Riegel.
First, Dukakis:
Governor Michael Dukakis opposed the death penalty. In the 1988 Presidential debates, a reporter asked Dukakis whether he’d still oppose the death penalty if someone raped and murdered his wife. Dukakis thought for
Just two weeks before the U.S. Supreme Court decided Riegel v. Medtronic, the Supreme Court of Arkansas had decided Despain v. Bradburn, No. 07-714, 2008 WL 324356 (S. Ct. Ark. Feb. 7, 2008). We dutifully reported that case in our Device Preemption Scorecard, but otherwise didn’t say much about it, because we’re
We got your attention with that title on this blog, didn’t we?
So let’s cut to the chase: There are no loopholes in Riegel.
(Neutral observers sometimes ask why we aren’t more even-handed in our blog posts. We can’t be even-handed because we and our law firms defend pharmaceutical and medical device companies in
We didn’t really think there was any connection between President Reagan and Riegel v. Medtronic.
But then we saw how the case brought out the best in one plaintiff’s lawyer. So that got us to thinking.
Back in the 1950s and ’60s, Tom Lehrer wrote an awful lot of riotously funny songs. (For