New England Journal of Medicine · 2008 · 73 citations · 0 references
LawHealth LawTort LawMedical Device LawMedical MalpracticeProduct LiabilityDefective Drug LitigationMedical Device LitigationPharmaceutical Product LiabilityDrug Product LiabilityMedical Malpractice PreemptionPreemption In Pharmaceutical LitigationPreemption In Product LiabilityProduct Liability RecognitionProduct Liability RemediesState Court RemediesState Tort Liability
A leading drug company may be poised to win a landmark legal victory next fall. If the drug manufacturer, Wyeth, prevails in a case soon to be argued before the U.S. Supreme Court (Wyeth v. Levine),1 drug companies could effectively be immunized against state-level tort litigation if their products that have been approved by the Food and Drug Administration (FDA) are later found to be defective.A medical-device company won such a victory in April. In Riegel v. Medtronic,2 the Supreme Court determined that a product-liability lawsuit against Medtronic in a state court was preempted because the device . . .