Justinian Lane

Want to undo Riegel? Then Call Congress

Just saw this in my inbox and thought I should share:

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.

Last year, the Supreme Court ruled in Riegel v. Medtronic that manufacturers of class III medical devices that have been approved by the FDA’s pre-market approval process are essentially immune from liability. The Riegel decision is the subject of the MDSA that would restore injured patients’ right to seek justice in the courts when medical devices have failed, and in some instances, have even been recalled. This legislation follows the Supreme Court’s decision earlier this year in Wyeth v. Levine that held federal law does not preempt state-law claims with regard to drug warning labels.

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.

Toll Free: 1-800-828-0498

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Posted at 3:36 PM, Mar 31, 2009 in Preemption
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