The American Association for Justice (AAJ) is lobbying for the rights of consumers injured by defective medical devices. In Riegel v. Medtronic, Inc. the U.S. Supreme Court ruled that manufacturers of medical products weren’t liable for damages if their device received premarket FDA approval (see 03/01/08 post for more details). It is up to Congress to restore the rights of the consumer.
The Medical Device Safety Act of 2008 is set to mimic the 1976 Medical Device Act (MDA), which is what the U.S. Supreme Court relied on for its decision in Riegel v. Medtronic, Inc. The new act seeks to add the following language to the section titled “No Effect on Liability Under State Law”:
Nothing in this section shall be construed to modify or otherwise effect any action for damages or the liability of any person under the law of any State.
By adding this language the new Act ensures that civil suits can be filed under state law even if the device was approved by the FDA.
In order to ensure that the new act protects the rights of consumers the AAJ is actively lobbying, uniting attorneys from across the country in their common goal. If you, too, feel strongly about this bill it is vital that you contact your member of Congress and voice your support for the bill.
Kreisman Law Offices supports injured people and their families in the entire Cook County area who have suffered from Illinois medical device liability, including Arlington Heights, Oak Park, Joliet, Palatine and Glenwood.
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US Supreme Court Holds Medical Devices Exempt from Liability in Riegel v. Medtronic