Waxman, Pallone Seek to Undo Supreme Court Medical Device Ruling
March 26th, 2008 joshua
The Waxman cometh to the rescue of victims of faulty medical devices.
After a recent Supreme Court ruling, it appeared the ability to sue a medical device maker if its FDA-approved device failed them. The high court ruled federal approval trumps any state law and provides immunity for device makers of inferior grade.
But the Medical Device Safety Act, co-authored by California Rep. Henry Waxman and New Jersey Rep. Frank Pallone, aims to state existing federal law governing medical device approvals does not affect lawsuits brought in state court, according to TwinCities.com.
“A draft of the bill provided by Pallone’s office Tuesday says it would apply to any civil action pending or filed on or after the date of enactment. A spokeswoman for Pallone said the bill is expected to be introduced shortly after Congressional leaders return from break Monday.”
Waxman and Sen. Edward Kennedy wrote on behalf of Congress to the Supreme Court case brought by Medtronic Inc., saying the 1976 Medical Device Amendments never intended to block lawsuits in state court.
The court ruled a preemption clause blocked state lawsuits.
