Search

Trending news

David Ferrera publishes “Congress should leave device approvals to FDA experts”

Print PDF
Mass High Tech

David Ferrera, a partner in the firm’s Litigation Department and a member of the Product Integrity and Toxic Torts practice group, published “Congress should leave device approvals to FDA experts” in Mass High Tech on March 28. The article discusses Riegel v. Medtronic Inc., a recent case in which the U.S. Supreme Court struck an appropriate balance between ensuring the availability of potentially live-saving medical devices and protecting patient safety.

At issue in the case was the meaning of the pre-emption clause contained in the Medical Device Amendment (MDA) to the Federal Food, Drug and Cosmetic Act, which created the federal regulatory system for medical devices. That clause bars any state from establishing a requirement for a device "which is different from, or in addition to, any requirement" established under the MDA.

David notes that while many patient advocates have criticized the decision, the court's ruling stems the tide against the establishment of an alternative regulatory system situated in the courts that operates outside the federal Food and Drug Administration (FDA), a system that would neither advance the availability of new treatments nor make patients any safer.

More News >
Back to Page

Nutter McClennen & Fish LLP Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek