Riegel v. Medtronic, Inc.

552 U.S. 312, 128 S. Ct. 999, 169 L. Ed. 2d 892, 2008 U.S. LEXIS 2013
CourtSupreme Court of the United States
DecidedFebruary 20, 2008
Docket06-179
StatusPublished
Cited by725 cases

This text of 552 U.S. 312 (Riegel v. Medtronic, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riegel v. Medtronic, Inc., 552 U.S. 312, 128 S. Ct. 999, 169 L. Ed. 2d 892, 2008 U.S. LEXIS 2013 (2008).

Opinions

[315]*315Justice Scalia

delivered the opinion of the Court.

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

The Federal Food, Drug, and Cosmetic Act (FDCA), 52 Stat. 1040, as amended, 21 U. S. C. § 301 et seq., has long required FDA approval for the introduction of new drugs into the market. Until the statutory enactment at issue here, however, the introduction of new medical devices was left largely for the States to supervise as they saw fit. See Medtronic, Inc. v. Lohr, 518 U. S. 470, 475-476 (1996).

The regulatory landscape changed in the 1960’s and 1970’s, as complex devices proliferated and some failed. Most notably, the Daikon Shield intrauterine device, introduced in 1970, was linked to serious infections and several deaths, not to mention a large number of pregnancies. Thousands of tort claims followed. R. Bacigal, The Limits of Litigation: The Daikon Shield Controversy 3 (1990). In the view of many, the Daikon Shield failure and its aftermath demonstrated the inability of the common-law tort system to manage the risks associated with dangerous devices. See, e. g., S. Foote, Managing the Medical Arms Race 151-152 (1992). Several States adopted regulatory measures, including California, which in 1970 enacted a law requiring premarket approval of medical devices. 1970 Cal. Stats, ch. 1573, [316]*316§§ 26670-26693; see also Leflar & Adler, The Preemption Pentad: Federal Preemption of Products Liability Claims After Medtronic, 64 Tenn. L. Rev. 691,703, n. 66 (1997) (identifying 13 state statutes governing medical devices as of 1976).

Congress stepped in with passage of the Medical Device Amendments of 1976 (MDA), 21 U. S. C. § 360c et seq.,1 which swept back some state obligations and imposed a regime of detailed federal oversight. The MDA includes an express pre-emption provision that states:

“Except as provided in subsection (b) of this section, no State or political subdivision of a State may establish or continue in effect with respect to a device intended for human use any requirement—
“(1) which is different from, or in addition to, any requirement applicable under this chapter to the device, and
“(2) which relates to the safety or effectiveness of the device or to any other matter included in a requirement applicable to the device under this chapter.” §360k(a).

The exception contained in subsection (b) permits the FDA to exempt some state and local requirements from pre-emption.

The new regulatory regime established various levels of oversight for medical devices, depending on the risks they present. Class I, which includes such devices as elastic bandages and examination gloves, is subject to the lowest level of oversight: “general controls,” such as labeling requirements. § 360c(a)(l)(A); FDA, Device Advice: Device Classes, http://www.fda.gov/cdrh/devadvice/3132.html (all Internet materials as visited Feb. 14, 2008, and available in Clerk of Court’s case file). Class II, which includes such devices as powered wheelchairs and surgical drapes, ibid., [317]*317is subject in addition to “special controls” such as performance standards and postmarket surveillance measures, § 360c(a)(l)(B).

The devices receiving the most federal oversight are those in Class III, which include replacement heart valves, implanted cerebella stimulators, and pacemaker pulse generators, FDA, Device Advice: Device Classes, supra. In general, a device is assigned to Class III if it cannot be established that a less stringent classification would provide reasonable assurance of safety and effectiveness, and the device is “purported or represented to be for a use in supporting or sustaining human life or for a use which is of substantial importance in preventing impairment of human health,” or “presents a potential unreasonable risk of illness or injury.” § 360c(a)(l)(C)(ii).

Although the MDA established a rigorous regime of premarket approval for new Class III devices, it grandfathered many that were already on the market. Devices sold before the MDA’s effective date may remain on the market until the FDA promulgates, after notice and comment, a regulation requiring premarket approval. §§ 360c(f)(l), 360e(b)(l). A related provision seeks to limit the competitive advantage grandfathered devices receive. A new device need not undergo premarket approval if the FDA finds it is “substantially equivalent” to another device exempt from premarket approval. § 360c(f)(l)(A). The agency’s review of devices for substantial equivalence is known as the § 510(k) process, named after the statutory provision describing the review. Most new Class III devices enter the market through § 510(k). In 2005, for example, the FDA authorized the marketing of 3,148 devices under § 510(k) and granted premarket approval to just 32 devices. P. Hutt, R. Merrill, & L. Grossman, Food and Drug Law 992 (3d ed. 2007).

Premarket approval is a “rigorous” process. Lohr, supra, at 477. A manufacturer must submit what is typically a multivolume application. FDA, Device Advice — Premar[318]*318ket Approval (PMA) 18, http://www.fda.gov/cdrh/devadvice/ pma/printer.html. It includes, among other things, full reports of all studies and investigations of the device’s safety and effectiveness that have been published or should reasonably be known to the applicant; a “full statement” of the device’s “components, ingredients, and properties and of the principle or principles of operation”; “a full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and, when relevant, packing and installation of, such device”; samples or device components required by the FDA; and a specimen of the proposed labeling. § 360e(c)(l). Before deciding whether to approve the application, the agency may refer it to a panel of outside experts, 21 CFR § 814.44(a) (2007), and may request additional data from the manufacturer, § 360e(c)(l)(G).

The FDA spends an average of 1,200 hours reviewing each application, Lohr, 518 U. S., at 477, and grants premarket approval only if it finds there is a “reasonable assurance” of the device’s “safety and effectiveness,” § 360e(d). The agency must “weig[h] any probable benefit to health from the use of the device against any probable risk of injury or illness from such use.” § 360c(a)(2)(C). It may thus approve devices that present great risks if they nonetheless offer great benefits in light of available alternatives.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Watters v. Coopersurgical, Inc.
E.D. North Carolina, 2023
Burningham v. Wright Medical
2019 UT 56 (Utah Supreme Court, 2019)
Kathryn Jones v. Medtronic
Ninth Circuit, 2018
Kubicki v. Medtronic, Inc.
District of Columbia, 2018
Beastie Boys v. Monster Energy Co.
983 F. Supp. 2d 369 (S.D. New York, 2014)
Simon v. Smith & Nephew, Inc.
990 F. Supp. 2d 395 (S.D. New York, 2013)
Eidson v. Medtronic, Inc.
981 F. Supp. 2d 868 (N.D. California, 2013)
Eggerling v. Advanced Bionics, LLC
958 F. Supp. 2d 1029 (N.D. Iowa, 2013)
Brazil v. Dole Food Co.
935 F. Supp. 2d 947 (N.D. California, 2013)
Gale v. Smith & Nephew, Inc.
989 F. Supp. 2d 243 (S.D. New York, 2013)
Fulgenzi v. Pliva, Inc.
867 F. Supp. 2d 966 (N.D. Ohio, 2012)
Erickson v. Boston Scientific Corp.
846 F. Supp. 2d 1085 (C.D. California, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
552 U.S. 312, 128 S. Ct. 999, 169 L. Ed. 2d 892, 2008 U.S. LEXIS 2013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riegel-v-medtronic-inc-scotus-2008.