Question

Congress sets out a medical-device approval process for the Food and Drug Administration. The law includes a preemption provision. A device that goes through the process injures Eric, who sues under state law to recover. The court will most likely rule that ____

a) Eric's state law claim is preempted by federal law, and he cannot recover.
b) Eric can recover damages under state law regardless of the preemption provision.
c) Eric's lawsuit is subject to review by the FDA before proceeding.
d) Eric must sue the manufacturer in federal court for any claims related to the device.

Answer 1

b) Eric can recover damages under state law regardless of the preemption provision.

The court will most likely rule that Eric's state law claim is preempted by federal law, preventing him from recovering damages, as the FDA's approval process for medical devices often includes a preemption provision.

Step-by-step explanation:

If a medical device approved by the Food and Drug Administration (FDA) injures Eric, and he sues under state law to recover, the court will most likely rule that Eric's state law claim is preempted by federal law, and he cannot recover.

This is because the FDA's medical-device approval process typically includes a preemption provision that precludes conflicting state requirements. Federal preemption means that federal law takes precedence over state laws in specific cases.

However, this does not automatically mean Eric has no recourse; the extent of the preemption can vary based on the specifics of the law and the FDA's regulations.

In some cases, the Supreme Court has allowed certain state law claims that parallel federal requirements. It is important to note that this area of law can be complex and dependent on individual case specifics.