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Does Riegel v. Medtronic, Inc. Affect You?

Yes, probably more than you realize. On February 20, 2008, in Riegel v. Medtronic, Inc., the U.S. Supreme Court found that common law tort claims challenging the safety and effectiveness of devices that require premarket approval (PA) under the Medical Device Amendments of 1976 (MDA) are preempted by federal law. This case does not apply to devices that are marked under a premarket notification, also known as a §510(k) devices.

After Riegel v. Medtronic, Inc., §510(k) device manufacturers continue to be vulnerable to state law tort claims including, but not limited to, claims alleging strict liability; breach of implied warranty; and negligence in the design, testing, inspection, distribution, labeling, or sale of the devices.

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