Thursday, June 08, 2006

A 2nd Circuit Preemption Case

Reigel v. Medtronic, which you can find by going here, the Second Circuit Site, generally, or by going right to the PDF of the case, here

The Court tossed claims as to strict liability, breach of implied warranty, and negligent design, testing, inspection, distribution, labeling, marketing, and sale claims, each a device known as the Evergreen Balloon Catheter.

The Appellants' Brief can be found here.

You can read more about this device on the Medtronic page that houses its Annual Report, here. You can also read more about the device on the FDA site, here.