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Democrats Move To Overturn Medical Device Immunity For Manufacturers

This month, the Wall Street Journal reports that federal Congress democrats have submitted legislation that would make it easier for consumers harmed by medical devices to sue the manufacturers who put them on the market. This new proposal from lawmakers comes just a day after the federal Supreme Court ruled that some faulty medical device victims may sue manufacturers.

Last year, the Supreme Court made a controversial decision concerning a ruptured catheter injury claim. The case, Riegel v. Medtronic, was a victory for the medical device industry and set a standard for similar future cases.

However, this year, another Supreme Court case, Wyeth v. Levine, upheld the over six million dollar state jury verdict of a man who was injured by an anti-nausea drug. The man, who was a musician before his accident, was forced to have his arm amputated after the drug was injected into him.

Now, the Medical Device Safety Act of 2009 would solidify the Wyeth v. Levine ruling and nullify the earlier ruling, setting forth a solid outline of rules for pharmaceutical companies and medical device businesses. Although a similar bill was put forth last year and blocked by industry-friendly Republicans, some think the Act has a better chance of passing this year with the help of a more liberal Congress.

While some medical device lawyers think the act would lead to inconsistent medical device guidelines across states, which could be confusing, other lawyers think that the new law would give more of those injured or killed by medical devices a better chance in state courts.

As of now, federal judges can still use the older medical device rulings to guide their own decisions - The Wall Street Journal cites one case in Minneapolis this year that was thrown out based on Riegel v. Medtronic despite the fact that the thousands of paitents involved in the lawsuit suffered from defective heart defibrillators with faulty wiring that could cause great harm or death.

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