No option for those killed or injured by medical devices

December 29, 2009 | By | Reply More

When it comes to scrutinizing the use of new medical devices, the FDA has fallen down on the job.

Two new studies find shortfalls in the Food and Drug Administration’s approval process for heart devices such as pacemakers and stents. Safety targets often weren’t clearly spelled out in the research submitted by device makers and important patient information was missing. . .

If you are killed or injured by a defective medical device, you can still sue the manufacturer though, right? No longer true. State products liability suits are no longer available. They have been preempted by the U.S. Supreme Court case of Riegel v. Medtronic.

These two revelations demonstrate that safety of consumers of medical devices is not the highest consideration of lawmakers.


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Category: Court Decisions, Health, Law, Politics

About the Author ()

Erich Vieth is an attorney focusing on consumer law litigation and appellate practice. He is also a working musician and a writer, having founded Dangerous Intersection in 2006. Erich lives in the Shaw Neighborhood of St. Louis, Missouri, where he lives half-time with his two extraordinary daughters.

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