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The (Preemption) Beat Goes On.....
FDA preemption in the arena of devices still rules in many cases. Here is a report about a judge in Minnesota who dismissed 600 cases against Medtronic over the Sprint Fidelis pacemaker.
http://massdevice.com/news/minnesota-judge-dismisses-600-sprint-fidelis-suits-against-medtronic
As most here will know, there is a bill in Congress now that would amend the Medical Device Act in order to allow tort liability for FDA-approved medical devices.
It is also well known that "irregularities" in FDA's device approval process increasingly make the news. As we report below, FDA itself publicized the story of a device the review of which was apparently influenced by the intervention of four Democratic congresspeople
Tuesday, October 27, 2009
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These dismissals are the fizzling last remains of American's right to seek accountability of Medical Device Manufacturers. This and other suits were filed before the preemption law went into affect. Slowly judges are following through with the only recourse that this law allows - dismissal. Regardless of the facts there is no defense against – “just because the FDA says so”.
ReplyDeleteAfter the remaining cases are ruled on there will no longer be any suits brought forth because it is fruitless to try to prosecute.
The medical device industry can then fire all of their corporate lawyers. They won’t be needed any more. Device companies will be forevermore seemingly infallible.
Here's hoping that you and yours never need a medical device for obvious reasons and for other reasons that are unfortunately not so obvious.
Legal and moral are different things. I’m sure Judge Reilly is aware that there is an amendment in the works. She could have held on to the 600 claims and waited to see what happens, as New Jersey Judge Carol Higbee did in regards to Michigan claimants and Vioxx,. (Judge Carol Higbee refused to dismiss the cases of 250 Michigan plaintiffs pending in her courtroom, http://www.wlf.org/upload/03-21-08frank.pdf).
ReplyDeleteBut perhaps it is a good thing she didn’t. Maybe throwing 600 human beings under the bus will make the main-stream media and bring attention to a law that started out being a good thing but has morphed to aid special interest.
wymamrotał chrapliwуm szeptem. - Plus јapanische ** ԁziewice јak mówią, nie ωiem, ile w
ReplyDeleteów zasadу... Mało, ρomyślаł ѕir Rogeг, pogłоska gminna jаkiemuś wyolbrzуmia.
W swojе twórсzości nie sρotκał wcale
smoka, który.