Post Reigel - congressional effort begins

The wake of Reigel continues.  Injected into the midst of a presidential campaign, the decision in Reigel is being targeted by Congressional Democrats.  Read here an article outlining some of the comments and efforts to date.  Senator Kennedy's are astonishing - he says that PMA approval will be a green light to shoddy practices for device manufacturers.  Does he really believe the things that he says?

The hysteria in the plaintiff's bar and some of the media and politicians about this decision is not surprising but is disappointing.  The ruling simply says that for the class of devices that get the most scrutiny, if the rules are followed, and the FDA is not defrauded, then those companies are protected from state court tort lawsuits.  What is wrong with that? 

The preemption wars front is now not only in our courthouses but also in political campaigns and in Congress.