February 26, 2009

Lawmakers plan to reintroduce legislation to reverse Supreme Court decision on medical device liability

In the near future, democratic lawmakers Henry Waxman (D-California) and Frank Pallone (D-New Jersey) plan to reintroduce legislation that would overturn a decision in 2008 by the Supreme Court in the Riegel v. Medtronic case where it was ruled that FDA approval of certain medical devices protects manufacturers from product liability lawsuits filed in state courts. Since the 2008 ruling, judges nationwide have dismissed a number of product liability lawsuits filed by patients against medical device companies. Supporters of the legislation believe the FDA has proven time and again that its resources are limited and it is incapable of keeping dangerous drugs and medical devices off the market, so changing legislation is the only way to protect consumers and allow them legal recourse when they suffer injuries as a result of a defective product or device.



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