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Re: Product Liability Case To Be Heard Soon From: art fougner, md (evsono@pipeline.com) Tue Nov 20 07:07:20 2007 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: ainsron: "Re: 2am roundtable discussions" Previous message: AllanHo@aol.com: "Re: 2am roundtable discussions" In reply to: DoctorJoe@aol.com: "Re: Product Liability Case To Be Heard Soon" Next in thread: Zachariah Newton: "Re: Product Liability Case To Be Heard Soon" And then there's the ... Commerce Clause ... Art At Mon, 19 Nov 2007, DoctorJoe@aol.com wrote: > >In a message dated 11/19/2007 2:14:42 P.M. Central Standard Time, >dean@thehuffpeople.net writes: > >The MDA generally forbids states from >imposing requirements on devices that received premarket approval from the >Food >and Drug Administration ("FDA"). > >Well, I think they're toast. The law specifically states that the states >can't add to the regulation of the device unless there are some "compelling >local conditions" which would make it necessary. I don't know what "local" >condition exists that would allow some imposition on an angioplasty device. Maybe >you think doctors in one state are more spastic than doctors in another and so >... Naw! > >Further, even if there was a good argument for a local difference, the State >has to formally apply for a waiver and have a hearing, etc. That >(apparently) hasn't been done. > >So avenues are available for reasonable State regulation -- just not done >and probably not needed in this case. Federal law rules. > >At least in my opinion here. > >Joe P. -- art fougner, md "May The Wings of Liberty Never Lose a Feather." - Jack Burton Next message: ainsron: "Re: 2am roundtable discussions" Previous message: AllanHo@aol.com: "Re: 2am roundtable discussions" In reply to: DoctorJoe@aol.com: "Re: Product Liability Case To Be Heard Soon" Next in thread: Zachariah Newton: "Re: Product Liability Case To Be Heard Soon"

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