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The following is an excerpt updating the status of proposed legislation prompted by a lawsuit against Medtronic in which consumers lost.

From: Medtronic Lead Recall Center

…”On August 04, 2009 there was a hearing on S. 540: the Medical Device Safety Act of 2009. This legislation would reverse the 2008 Riegel Supreme Court decision and allow patients injured by medical devices the right to bring a claim for compensation. This legislation would also help remove harmful medical products from the market even if they were initially approved by the FDA. Class III medical devices include heart defibrillators, artificial valves, and prosthetic knees and hips.

Note: The 2008 Riegel Supreme Court decision denied patients who died or were injured by medical devices the right to bring a claim for compensation. In particular, Medtronic was not found liable for tort damages (such as pain and suffering, emotional distress, etc.) and therefore has continued to confidently offer a variety of medical devices with known defects – because of the limitations on how people could sue.

Our concern is this: If a client was injured or died as a result of an insulin pump improperly recertified by Medtronic, our client would have very little legal recourse against the company. While this would be true of any insulin pump manufacturers, it is the overall way in which Medtronic conducts business and the number of lawsuits against them for faulty medical devices that causes us concern.

…”Currently, the medical device industry enjoys complete immunity for their class III medical devices, even when the devices are found to be defective and dangerous, and have even been recalled. This benefits all patients by helping make sure that safe medical products are in the marketplace. The Medical Device Safety Act is vitally important for victims of defective Medtronic defibrillator leads who are currently left without any meaningful legal options and patients in general who use FDA approved medical devices.

More Information
Medtronic Class Action Lawsuits

Note: We are not in any way associated with, connected with, or receive any compensation or donations from the Medtronic Lead Recall Center. We merely capture and highlight this law firms news updates.