The US Supreme Court ruled that Food and Drug Administration (FDA) approval of medical devices immunized the manufacturer from a lawsuit for damages. Sure, the FDA is understaffed, and often referred to as a revolving door for medical device company employees. Still, this was a big blow to injury vicims seeking to recover their losses due to a defective product.
Today, none other than a doctor writing in The New England Journal of Medicine called for legislation to allow victims of defective medical devices to pursue their claims in state court. Whether this was to look out for patient well being or simply avoid lawsuits against doctors is anyone’s guess. Read it for yourself and decide!
Preemption and Malpractice Liability
Volume 360:2257-2258 May 21, 2009 Number 21