Medical Device Litigation: Medtronic, Inc. v. Stengel

The US Supreme Court has invited The Solicitor General to comment on the the issue of Federal pre-emption of medical-device litigation. The petition for certiorari is still pending in this matter. Today's post was shared by WCBlog and comes from www.scotusblog.com

Issue: Whether the Medical Device Amendments to the federal Food,Drug, and Cosmetic Act preempt a state-law claim alleging that a medical device manufacturer violated a duty under federal law to report adverse-event information to the Food and Drug Administration. Date Proceedings and Orders Mar 28 2013 Application (12A931) to extend the time to file a petition for a writ of certiorari from April 10, 2013 to June 9, 2013, submitted to Justice Kennedy. Apr 1 2013 Application (12A931) granted by Justice Kennedy extending the time to file until May 10, 2013. May 10 2013 Petition for a writ of certiorari filed. (Response due June 13, 2013) May 30 2013 Order extending time to file response to petition to and including July 15, 2013. Jun 10 2013 Brief amicus curiae of DRI -The Voice of the Defense Bar filed. Jun 13 2013 Brief amici curiae of Washington Legal Foundation, et al filed. Jun 13 2013 Brief amicus curiae of Product Liability Advisory Council, Inc. filed. Jul 15 2013 Brief of respondents Richard Stengel, and Mary Lou Stengel in opposition filed. Jul 30 2013 Reply of petitioner Medtronic, Inc. filed. Jul 31 2013 DISTRIBUTED for Conference of September 30, 2013. Oct 7 2013 The Solicitor General is invited to file a brief in this case expressing the views of the United States.

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