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On December 4th, 2007, the Supreme Court heard oral arguments in Riegel v. Medtronic. The case asks whether or not the Medical Device Amendment to the Food, Drug and Cosmetic Act preempt a state law claim seeking damages for injuries caused by medical devices that received pre-market approval from the Food and Drug Administration. In this episode of SCOTUScast, Richard Epstein, a professor at the University of Chicago Law School, offers his own analysis of the case.
Click HERE for a later SCOTUScast on the decision in Riegel v. Medtronic.