for Louisiana State Bar Association
1. Riegel v. Medtronic, Inc., Docket No. 04-0412-cv , UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 15, 2005, Argued , May 16, 2006, Decided , July 20, 2006, Errata Filed
OVERVIEW: Tort claims by a man who suffered injuries after a balloon catheter burst while being inflated in one of his arteries were preempted by § 360k(a) of the 1976 Medical Device Amendments to the Food, Drug, and Cosmetic Act, 21 U.S.C.S. § 301 et seq., because the catheter had obtained premarket approval from the Food and Drug Administration.
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