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Dems Look to Overturn Supreme Court Decision on Medical Devices

Filed February 25th, 2008 joshua

Democrats on Capitol Hill are aiming to overturn a Supreme Court ruling last week preventing people from suing medical device makers whose products have undergone a federal premarket approval process.

Members of the House and Senate are drafting legislation that would return some protection to patients who were injured by medical device malfunction or device maker ignorance or carelessness.

The high court’s decision seems like it will greatly alleviate the financial strain facing several major medical device makers, currently facing lawsuits from thousands of patients who feel they’ve been damaged because of a medical device.

The decision is a sure sign the Bush Administration favors the medical device makers – and their profit margins – than they do patient safety. The decision will pre-empt any state ruling in regard to personal injury lawsuits.

Democrats argue the Supreme Court decision gives blanket immunity to medical device makers. Almost immediately following the decision, device makers were making motions to dismiss some of the thousands of lawsuits currently pursued.

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