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RIEGEL v. MEDTRONIC, INC.

No. 06-179.

128 S.Ct. 999 (2008)

552 U.S. 312

169 L.Ed.2d 892

Donna S. RIEGEL, individually and as administrator of the Estate of Charles R. Riegel, Petitioner, v. MEDTRONIC, INC.

Supreme Court of United States.

Decided February 20, 2008.

Attorney(s) appearing for the Case

Allison M. Zieve, Washington, DC, for petitioner.

Theodore B. Olson, Washington, D.C., for respondent.

Edwin S. Kneedler, Washington, DC, for the United States as amicus curiae, by special leave of the Court, supporting the respondent.

Wayne P. Smith, Schenectady, NY, Allison M. Zieve, Counsel of Record, Brian Wolfman, Scott L. Nelson, Public Citizen Litigation Group, Washington, DC, for Petitioner.

Kenneth S. Geller, David M. Gossett, Andrew E. Tauber, Mayer Brown LLP, Washington, D.C., Theodore B. Olson, Counsel of Record, Matthew D. Mcgill, Amir C. Tayrani, Dace A. Caldwell, Gibson, Dunn & Crutcher LLP, Washington, D.C., for Respondent.

We consider whether the pre-emption clause enacted in the Medical Device Amendments of 1976, 21 U.S.C. § 360k, bars common-law claims challenging the safety and effectiveness of a medical device given premarket approval by the Food and Drug Administration (FDA).

I

A

...

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