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Editor: Marc Jay Bern
Profession: Defective Medical Device Lawyer

Category: Medtronic Lawsuit News

Next month, federal legislation is expected to allow people to sue medical device makers in state courts, countering a decision in a U.S. Supreme Court ruling, in February, that involved Medtronic, Inc.

Citing earlier laws, the high court moved to restrict such lawsuits, ruling they undermine uniform nationwide standards put in place by U.S. regulators to govern the approval and safety of medical devices.

However, now, two congressmen want to clarify the law in broader terms by opening up patients' ability to sue over problems involving federally approved medical devices.

Called the "Medical Device Safety Act," the bill being drafted by U.S. Reps. Frank Pallone, D-N.J., and Henry Waxman, D-Calif., would state that existing federal law governing medical device approvals does not "modify or otherwise affect" lawsuits brought in state courts. This would clarify the Medical Device Amendments of 1976.