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DEVICE LAW PREEMPTION BASED ON FDA INTERPRETATION EXAMINED BY SUPREME COURT JUSTICES DURING LOHR V. MEDTRONIC HEARING; RULING EXPECTED BY SUMMER RECESS

This article was originally published in The Gray Sheet

Executive Summary

Delineation of the scope of federal device law preemption based on existing FDA regulations was explored by Supreme Court justices during oral arguments April 23 in the case of Lohr v. Medtronic. Seeking to determine whether the preemption clause of the medical device amendments would bar state product liability claims, the justices questioned whether interpretation of the preemption clause should be left up to FDA.
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