H.R.6381 - Medical Device Safety Act of 2008

To amend the Federal Food, Drug, and Cosmetic Act with respect to liability under State and local requirements respecting devices. view all titles (2)

All Bill Titles

  • Official: To amend the Federal Food, Drug, and Cosmetic Act with respect to liability under State and local requirements respecting devices. as introduced.
  • Short: Medical Device Safety Act of 2008 as introduced.

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01/04/09
Saundersblog.com - Medical Device Preemption Gets a Second Look

The Medical Device Safety Act of 2008, H.R. 6381-S.3398-is a proposed amendment to the Medical Device Amendment to the Food Drug and Cosmetic Act. The proposed bill reads as such,. SECTION 1. SHORT TITLE. ...

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12/28/08
What was the most significant headline in the medical device ...

Frank Pallone and Henry Waxman introduced The Medical Device Safety Act of 2008 - HR 6381. In late July, Senators Leahy and Kennedy introduced similar legislation. Given the results of November’s elections, many predict that Democrats ...

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12/09/08
GoozNews: Do FDA Regs Preempt Lawsuits?

5 Medical Device Safety Act of 2008, H.R. 6381, 110 th Congress, 2d Sess. (2008) (Source: http://thomas.loc.gov/cgi-bin/query/D?c110:1:./temp/~c1104NyGvO::). 6 While I do not necessarily agree that state tort litigation, or the threat ...

Source: GoozNews
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11/25/08
PointofLaw.com | PointOfLaw Forum: Trial lawyer lobbying: Let the ...

H.R. 6381/S. 3398 (Medical Device Safety Act); to amend the Food Drug and Cosmetic Act to clarify the scope of federal preemption of state law with regard to medical devices. • Congressional lobbying in response to proposed FDA rule ...

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11/19/08
Essay 3

“HR 6381: Medical Device Safety Act of 2008.” 26 jun 2008. 21 oct 2008 . Davidoff, Frank (2006,march). Sex, Politics, and Morality at the FDA: Reflections on the Plan B ...

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11/12/08
Could Obama end FDA preemption by executive order?

... about unsafe medical devices are preempted, and more than 80 members of Congress and Senators are trying to restore patients’ rights to sue device companies in such cases with the Medical Device Safety Act. (HR6381 and S.3398). ...

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10/16/08
Commentary - Federal Preemption & Complete Immunity for Negligent ...

Together with support from legislators on both sides of the aisle, these groups have worked to urge the passage of H.R. 6381, the Medical Device Safety Act of 2008, which will enable Congress to restore the powers of the civil justice ...

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10/16/08
Commentary - Federal Preemption & Complete Immunity for Negligent ...

Together with support from legislators on both sides of the aisle, these groups have worked to urge the passage of HR 6381, the Medical Device Safety Act of 2008, which will enable Congress to restore the powers of the civil justice ...

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09/17/08
Federal Pre-emption Means No Remedy for Injured Consumer

Since the Riegel decision, Congress has proposed the Medical Device Safety Act of 2008 (HR 6381) to overturn the Riegel v. Medtronic decision. In opposition to pre-emption in the upcoming Levine case, nine current and former editors of ...

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09/10/08
Britney, Palin, Paris, and Pre-emption (Part One)

Since the Medtronic case, the Medical Device Safety Act of 2008 (HR 6381) has been proposed to overrule the February decision in Riegel v Medtronic. The legislation would restore the traditional state common-law remedies for injuries ...

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08/23/08
Preemption....why it's a HUGE problem! Petition first post ...

and Patrick Leahy (D-Vt.) which would essentially correspond to HR 6381, the Medical Device Safety Act of 2008, introduced on June 26, 2008 by Congressmen Henry Waxman (D-Calif.) and Frank Pallone (D-N.J.). ...

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08/18/08
Jackpot Justice, Undermining Good Health and Good Sense

(For example, this medical device legislation, HR6381.) As Frank concludes: “As even Clinton appointee Justice Stephen Breyer pointed out in a February 8-1 Supreme Court decision about medical devices, if we are to have meaningful ...

Source: Shopfloor
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08/16/08
democrats opposing supreme court decision in favor of pre-emption ...

... “makes sense for many reasons” but has “nonetheless sent up yowls” from democratic members of congress who have proposed the medical device safety act (s 3398, hr 6381) to overturn the ruling, a wall street journal editorial states.

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08/16/08
Senators Introduce Their Version of Anti-Preemption Bill

and Patrick Leahy (D-Vt.) introduced the companion bill to H.R. 6381, which has 62 co-sponsors in the House, last month. Introduced in the House in June by Reps. Frank Pallone (D-N.J.) and Henry Waxman (D-Calif. ...

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08/14/08
senators introduce their version of anti-preemption bill

and patrick leahy (d-vt.) introduced the companion bill to hr 6381, which has 62 co-sponsors in the house, last month. introduced in the house in june by reps. frank pallone (d-nj) and henry waxman (d-calif.), the bill seeks to reverse ...

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08/12/08
democrats opposing supreme court decision in favor of pre-emption ...

... “makes sense for many reasons” but has “nonetheless sent up yowls” from democratic members of congress who have proposed the medical device safety act (s 3398, hr 6381) to overturn the ruling, a wall street journal editorial states.

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08/12/08
preemption, the congressional maneuvers

frank pallone (d-nj) as hr 6381, and in the senate by an absent sen. kennedy (d-ma) as s. 3398. you could almost hear the american association for justice shouting "bingo!" more on medtronic and preemption here.

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08/12/08
Kaiser Daily Health Policy Report - Wednesday, August 13, 2008

Medical Device Safety Act (S 3398, HR 6381) to overturn the ruling, a Wall Street Journal editorial states. The pre-emption principle avoids "creating a sort of double-jeopardy for companies -- first having to run the FDA approval maze, ...

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08/12/08
Democrats opposing Supreme Court decision in favor of pre-emption ...

... "makes sense for many reasons" but has "nonetheless sent up yowls" from Democratic members of Congress who have proposed the Medical Device Safety Act (S 3398, HR 6381) to overturn the ruling, a Wall Street Journal editorial states.

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08/11/08
Senators Kennedy And Leahy Introduce Legislation To Protect ...

August 2008 Senate Counterpart of HR 6381, Medical Device Safety Act 2008, Which Was Sponsored By Congressmen Waxman And Pallone. (Posted by Tom Lamb at DrugInjuryWatch.com). In a June 27, 2008 article, "Newly Introduced Legislation ...

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08/11/08
Tom Lamb posted a blog entry

Senators Kennedy And Leahy Introduce Legislation To Protect Patients From Dangerous And Defective Devices August 2008 Senate Counterpart of HR 6381, Medical Device Safety Act 2008, Which Was Sponsored By Congressmen Waxman And. ...

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08/11/08
Tom Lamb posted a blog entry

Senators Kennedy And Leahy Introduce Legislation To Protect Patients From Dangerous And Defective Devices August 2008 Senate Counterpart of HR 6381, Medical Device Safety Act 2008, Which Was Sponsored By Congressmen Waxman And. ...

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08/11/08
Drug Injury Watch: Senators Kennedy And Leahy Introduce ...

August 2008 Counterpart of HR 6381, Medical Device Safety Act 2008, Which Was Sponsored By Congressmen Waxman And Pallone 2 Vote(s)

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08/06/08
Congress Must Restore Rights Of Patients

Henry Waxman and Frank Pallone sponsored the bill (HR 6381) introduced in the US House of Representatives. Senators Ted Kennedy and Patrick Leahy are handling a similar bill in the Senate. The legislation would restore Congress’ intent ...

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08/05/08
Congress Must Restore Rights to Patients

Henry Waxman and Frank Pallone sponsored the bill (HR 6381) introduced in the US House of Representatives. Senators Ted Kennedy and Patrick Leahy are handling a similar bill in the Senate. The legislation would restore Congress’ intent ...

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08/03/08
Putting the boot to preemption

The bill is companion to HR 6381, and another attack on the principle of federal premption. The Kennedy news release and bill summary and Sen. Harkin's statement (scroll down from here) both chastise medical device manufacturers for ...

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07/30/08
Zyprexa Reps Told Not To Raise Diabetes Concern // Pharmalot

Bush will veto the Waxman/Pallone Medical Device Safety Act of 2008, H.R. 6381. And the same will be true of the Kennedy/Leahy companion bill designed to protect consumers of pharmaceutical drugs. ...

Source: Pharmalot
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07/21/08
Is Preemption Good For Patients?

... believe it will offer added protection to the consumer (patients), but Congress is opposed and will try to curb the Supreme Court's decision to uphold preemption (if it does) by introducing the Medical Device Safety Act (H.R. 6381). ...

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07/08/08
Preemption: The legislative undermining under way

The attacks against federal preemption, a recurring topic of discussion around here, are stepping up in Congress. On June 26 Rep. Frank Pallone (D-NJ) and Rep. Henry Waxman (D-CA) introduced H.R.6381, the Medical Device

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07/07/08
Carter Wood at Point of Law misunderstands the legislative process

Henry Waxman (D-CA) introduced HR6381, the Medical Device Safety Act. Being sold as overturning the Supreme Court's decision in Riegel v. Medtronic, it simply amends the Federal Food, Drug and Cosmetic Act with a clause: "Nothing in ...

Source: Tortdeform
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