Medical Device Act Would Restore State Remedies

Law360, New York (June 30, 2008, 12:00 AM EDT) -- The U.S. House of Representatives introduced a bill last week that could overturn a Supreme Court ruling that protects the makers of faulty medical devices from being sued in state courts if the device was pre-approved by the Food & Drug Administration.

If passed, the Medical Device Act of 2008 would restore the rights of patients to seek state common-law remedies, such as compensation for injuries, medical expenses and lost wages, for injuries or deaths caused by defective premarket approval of medical devices or inadequate safety...
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