U.S. Supreme Court to review Medtronic case
CHICAGO, June 25 (Reuters) - The U.S. Supreme Court will decide whether federal regulatory procedures preclude a patient from suing a medical device maker in state court, agreeing on Monday to review a case involving Medtronic Inc. (MDT.N), the company said.
The Supreme Court will hear the case, Riegel v. Medtronic, in the term beginning October 2007, Medtronic said.
In the case, an Evergreen balloon catheter was inflated by the patient's physician beyond the labeling restrictions and used in a patient for whom it was not recommended, according to Medtronic.
A trial court in Albany, New York, dismissed the suit, finding the patient was not entitled to state law remedies because of the U.S. Food and Drug Administration's prior approval of the device. The Second Circuit Court of Appeals upheld that decision.
Medtronic said it no longer manufactures the device.
((Reporting by Susan Kelly; editing by Carol Bishopric; Reuters Messaging susan.kelly.reuters.com@reuters.net; susan.kelly@reuters.com, phone 312 408 8134)) Keywords: MEDTRONIC COURT
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