EDITORIAL
Preemption: Victory for
consumers: State laws offering more protections will be respected under White
House directive
http://www.lasvegassun.com/news/2009/may/29/victory-consumers/
It is only common sense
that many federal laws, those on civil rights among them, should be consistently
and strictly enforced throughout the country. But many federal laws not covering
constitutionally protected freedoms should stand only as a minimum standard.
Laws in that category should rarely contain language barring states from setting
and enforcing higher standards.
Obama Gives Back States'
Rights
Court House News Service – May 29, 2009
http://www.courthousenews.com/2009/05/29/Federal_Regulations.htm
Reverting to the Clinton
Administration's policies on federalism, President Obama has admonished his
departments and agencies not to steam-roll over states' rights without a
sufficient legal basis, and has asked them to review all federal regulations in
the last 10 years intended to preempt state law.
House bill would allow patients to sue over faulty
medical devices
American Medical News – May 26, 2009
http://www.ama-assn.org/amednews/2009/05/25/gvsc0526.htm
House lawmakers on May 12
heard testimony on a bill that would restore injured patients' rights to sue
medical device makers over injuries caused by certain products even if they were
approved by the Food and Drug Administration.
The Medical Device Safety Act, introduced in March, is aimed at reversing
a 2008 U.S. Supreme Court decision that found federal regulations preempt
state-based liability claims challenging the design or labeling of medical
devices that clear the FDA's pre-market approval
process.
Medical device group spent $364K lobbying in
1Q
Associated Press – May 26, 2009
http://finance.yahoo.com/news/Medical-device-group-spent-apf-15346490.html?.v=1
The medical device
industry's chief advocacy group spent $364,638 lobbying the federal government
in the first quarter of the year, according to a recent disclosure report. The Advanced Medical Technology Association,
whose members include Medtronic Inc. and Boston Scientific Corp., lobbied on
legislation affecting a range of devices, from pacemakers to catheters to
artificial hips. The group also lobbied
on the Physician Payments Sunshine Act, which would require drug and medical
device makers to disclose all gifts and payments over $100 made to physicians.
The bill's sponsors -- Sens. Charles Grassley, R-Iowa, and Herb Kohl, D-Wis. --
are longtime critics of corporate influence over how physicians practice
medicine.
Congress Debates Medical Device Safety Act to Counter
Riegel v. Medtronic
InjuryBoard.com - May 25, 2009
The House Energy and
Commerce Subcommittee on Health began hearing testimony on the Medical Device
Safety Act of 2009, which proposes the Supreme Court decision in Riegel v. Medtronic, Inc be overturned.
The Riegel ruling prevents patients that were injured by
certain federally approved medical devices from seeking compensation via state
product liability suits – in other words, federal law trumps (preempts) state
law in these cases. The House bill has been a catalyst in the legal community.
The American Tort Reform Association, for example, claims the bill would be an
economic stimulus for personal injury attorneys. The American Association for
Justice, on the other hand, says the bill would restore victims’
rights.
Bill allows injured patients to
sue
Coverage of the May 12th Hearing:
NPR Morning Edition –
Bill Would Let Patients Sue Medical Device Makers
Dow Jones Newswire –
Hearing Shows Debate over Rights to Sue Medical-Device Cos
Cleveland Plain Dealer –
Patients Injured by Faulty Medical Devices Want Laws to Hold Manufacturers Accountable
Wall Street Journal –
Pallone Lends Hand to Device Maker, Then Asks for FDA Probe
BLT Blog of Legal Times -
House Hears Testimony on Medical Device Bill that Reverses SCOTUS
Wall Street Journal –
Columnist with Parkinson’s Urges Keeping Ban on Device Suits
Modern Healthcare –
House Lawmakers Mull Medical Device Safety Act
Roll Call’s CongressNow –
Health Overhaul Bill Won’t Contain Medical Device Liability Provisions
Faulty defibrillator spurs trip to D.C.
Gary Post Tribune – April 3, 2009
Dyer resident Ron Albrecht's struggle with a defective heart defibrillator brought him to Washington, D.C., this week. He met with U.S. Rep. Pete Visclosky, D-Merrillville, and a member of Sen. Evan Bayh's staff, and urged them to support the passage of the Medical Device Safety Act.
Dyer man lobbies D.C. in support of safety act
The Northwest Indiana and Illinois Times – April 3, 2009
Albrecht tried to sue the manufacturer, Medtronic. But existing legislation prevents him. He took his story to Washington, D.C., this week, lobbying alongside other victims of malfunctioned medical devices, in support of the Medical Device Safety Act, HR 1346/S 540. The legislation would provide some recourse.
Medical Devices: Judge Sits On Other Side Of Bench In Product Liability Case
InjuryBoard – April 2, 2009
For years, Texas District Judge Michael Schattman sat on the bench in Fort Worth listening to product liability and personal injury cases. Now Schattman is considering becoming one of those plaintiffs following four surgeries to install then replace defective Medtronic heart equipment in his chest.
Medtronic Heart Device: More Fatalities Revealed
InjuryBoard – April 2, 2009
Medtronic’s Sprint Fidelis cardiac wire may be implicated in more than five deaths the company previously revealed. An independent panel of physicians now says the death count is closer to 13. Medtronic hired a panel to pour through 89 of the more than 100 reports sent to the Food and Drug Administration.
In wake of high court's 'Wyeth' ruling, legal groups throw support behind Medical Device Safety Act
The National Law Journal online (free password required) – April 2, 2009
Several legal groups, including the American Bar Association, are voicing their support for passage of the Medical Device Safety Act of 2009. One of the legal groups, the Center for Justice & Democracy, which is a consumer organization focused on the courts, recently released a report on defective heart devices and implants. "These are the very type of patients whose rights have been wiped out as a result of the Supreme Court's decision last year, which is what Congress now needs to fix," said Joanne Doroshow, executive director of the Center for Justice & Democracy.
Want to undo Riegel? Then Call Congress
Tort Deform – March 31, 2009
On Tuesday, March 31, 2009, victims harmed by dangerous medical devices and their families will be in Washington, DC, to meet with members of Congress about HR 1346/S 540, The Medical Device Safety Act (MDSA), legislation that would restore the rights of thousands of Americans who have suffered or even died because of defective medical devices, like heart defibrillators, artificial valves, and prosthetic knees and hips, to seek justice through the civil justice system. Please support their efforts by lighting up the switchboards on Capitol Hill today, March 31st, and ask Congress to support HR 1346/S 540,the Medical Device Safety Act.
Patients head to D.C. to lobby for right to sue Medtronic
The Minnesota Independent – March 31, 2009
Diana Levine sees a double-standard in the law. As her own case proves, people can sue when they are harmed by pharmaceuticals, but individuals hurt by defective medical devices cannot. She appears in a new video that targets Twin Cities-based defibrillator manufacturer Medtronic to support passage of the Medical Device Safety Act, which would effectively overturn the 2008 Supreme Court ruling in Riegel v. Medtronic that prevents patients receiving faulty devices from suing. The video came out just a day before Tuesday’s Patient Lobbying Day, in which patients using Medtronic defibrillators head to the nation’s capitol to push for the act.
Setting Time Bombs in Our Chests: Our Unreliable FDA
Huffington Post – March 31, 2009
Fortunately, there is a way to fix this problem. Congress is currently considering a bill called the Medical Device Safety Act, which will overturn Justice Scalia's decision and restore people like Joshua and Ed's ability to hold medical device makers accountable for their actions. Until this bill passes, the FDA's lackluster screening process is the only thing standing between the millions of Americans who rely on medical devices to save their lives, and the fate which befell Joshua Oukrop and Ed Gilleon.
Archives
Lawmakers Seek to Return Right to Sue Device Makers
The New York Times – Feb 20, 2009
Congress Could Let Injured Patients Sue Device Makers
Health Blog – Feb 20, 2009
Justice Scalia Took Away our Healthcare; It’s Time for Congress to Fight Back
The Huffington Post – Feb 20, 2009
FDA: Psoriasis drug may be linked to 3 deaths
LA Times – Feb 19, 2009
UPDATE 1-US group decries fewer FDA device inspections
Reuters – Feb 18, 2009
Watchdog Says FDA Abandoned Safety Measure
Forbes.com – Feb 18, 2009
FDA Not enforcing medical device safety standards
Injuryboard.com – Feb 18, 2009
Two frontrunners on short list for FDA chief, report says
Scientific American – Feb 18, 2009
Wisconsin court tosses product liability lawsuit against Medtronic
Legal Newsline – Feb 17, 2009
Judge in Medtronic case didn’t disclose son’s work
Associated Press – Feb 13, 2009
