| Congressional Democrats have proposed making it | | | | enough votes for either in the House or Senate. Mark |
| easier to sue manufacturers of medical devices. | | | | Hermann, a Jones Day lawyer who represents |
| Democratic lawmakers in the House and Senate have | | | | pharmaceutical and medical device companies, as well |
| introduced legislation that would allow product liability | | | | as a drug and device law blogger, noted that the |
| suits in state courts by patients who claim to have | | | | federal law for medical devices contains a provision |
| been harmed by certain defective medical devices, | | | | which specifically addresses the pre-empting of state |
| such as heart valves and artificial knees. | | | | laws and requirements, while the federal law |
| The Medical Device Safety Act of 2009 would | | | | pertaining to pharmaceuticals does not. |
| overturn the Court's 2008 ruling in Riegel v. Medtronic, | | | | "If enacted, this legislation would effectively allow |
| which dismissed a lawsuit over a ruptured catheter. | | | | state courts to review medical devices and ultimately |
| That ruling brought whoops of joy from medical | | | | lead to a patchwork of inconsistent and confusing |
| device firms, who had long lobbied for a position that | | | | guidance on the use of medical treatments for |
| federal law blocked, or preempted, such suits. But | | | | patients and physicians, or limit their availability |
| the Supreme Court changed the landscape yesterday | | | | altogether," wrote AdvaMed, in a news release. |
| in Wyeth v. Levine when it upheld a $6.7 million state | | | | Until a resolution ensues, plaintiff's lawyers expect |
| jury verdict won by a musician from Vermont whose | | | | companies will continue seeking to dismiss liability |
| arm was amputated after being injected with an | | | | lawsuits filed in state courts citing the Supreme |
| anti-nausea drug. | | | | Court's 2008 decision. In January 2009, a federal |
| The question now is whether the proposed legislation | | | | judge in Minneapolis threw out lawsuits filed on behalf |
| has enough votes to pass, especially in the Senate | | | | of thousands of patients who received heart |
| where Minnesota Senator-elect Al Franken has yet to | | | | defibrillators with wires capable of fracturing and |
| be seated. | | | | producing lethal shocks. |
| No doubt it will be a difficult measure to muster | | | | |