Supreme Court limits device suits.
by Ault, Alicia
The U.S. Supreme Court has bolstered medical device
manufacturers' argument that FDA approval confers special
protection against liability suits. The justices voted 8-1 in finding
that the Medical Device Amendments of 1976 supersede state law. That
federal law regulates devices that have gone through the premarket
approval process, the most rigorous path to approval. Plaintiff Charles
Riegel's estate had sued Medtronic Inc., alleging that a catheter
that ruptured during cardiac surgery was designed, labeled, and
manufactured in violation of New York law. But the justices said that
FDA approval "bars common-law claims challenging the safety or
effectiveness of a medical device...." They upheld two previous
lower court decisions; Justice Ruth Bader Ginsburg was the sole
dissenter. Members of Congress involved in crafting the original
amendments were not pleased. "Congress never intended that FDA
approval would give blanket immunity to manufacturers from liability for
injuries caused by faulty devices," said Sen. Ted Kennedy (D-Mass.)
in a statement. "Congress obviously needs to correct the
court's decision," he said.
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