Medical Device Makers Get Lawsuit Shield
February 21st, 2008 joshua
The Supreme Court ruled in favor of medical device makers on Wednesday, saying they are immune from personal injury lawsuits if its device was approved by the Food and Drug Administration.
Justices ruled 8-to-1 in favor of the decision, thought of as a victory for the Bush Administration, that long sought to pre-empt state laws on the matter, according to a report in Thursday’s New York Times.
Four years ago, Bush reversed longstanding federal policy and argued that premarket approval of a medical device by the FDA overrides most claims for damages under state laws, the Times reports. Patients often use state laws in their pursuit awards when they feel they’ve been put in danger because of a medical device.
Bush is expected to pursue the same type of legislation for prescription drugs. Currently, both are covered under separate pieces of legislation.
This most recent decision includes mostly newer types of medical devices, those released prior to a 1996 decision that ruled in favor of state laws, primarily, when medical devices faced less strict testing prior to hitting the market.
Often times, though, these newer devices are the most controversial and are the subject of a majority of medical device lawsuits. There is no indication as to how many lawsuits currently being pursued this Supreme Court decision will impact.
