Petitioners brought suit against respondent after a catheter ruptured in the patient's coronary artery during surgery, killing

Question:

Petitioners brought suit against respondent after a catheter ruptured in the patient's coronary artery during surgery, killing him. The catheter received "premarket" approval from the FDA pursuant to a federal law regulating medical devices. The law prohibited states from imposing any requirements on the product different from or in addition to those required by the FDA. The lawsuit against the company manufacturing the catheter was based on the state common law related to negligence. Could the widow pursue her lawsuit in state court, or did the federal law preempt the state common law of negligence? See Riegel v. Medtronic, Inc., 128 S. Ct. 999 (2008).
Fantastic news! We've Found the answer you've been seeking!

Step by Step Answer:

Related Book For  book-img-for-question

Introduction to Law

ISBN: 978-0135024348

4th edition

Authors: Joanne Hames, Yvonne Ekern

Question Posted: