Will Lawsuits Make A Comeback?
Jul 31, 2020795.2K Shares10.7M Views
Rep. Henry A. Waxman (D-Calif.) announced he is co-sponsoring a billwith Rep. Frank Pallone (D-N.J.) that would allow consumers to sue manufacturers when medical devices malfunction. In February, the high court ruledthat you can’t sue a medical device maker in state court if the Food and Drug Administration has tested and approved that device.Waxman, chair of the House oversight committee, found the ruling absolutely ridiculous and spent a four-hour Congressional hearingthis April saying as much.
The proposed Medical Device Safety Act will allow consumers to once against bring lawsuits in state courts on food, drugs, and medical devices even if the FDA has approved the product. You can still sue food and drug makers but a pending Supreme Court casemay take away that ability as well.
It should be noted that Sen. Edward Kennedy (D-Ma.) is writing a Senate version of the legislation. Kennedy wrote the 1976 medical device act that forced the FDA to pre-approve certain complex medical devices, like heart catheters, before they hit the market. The Supreme Court ruled that the FDA regulation preempts consumer lawsuits. Kennedy has said the Court is misinterpreting the legislation he’s authored. His, and Waxman’s, hope is that the new legislation will bring back the right to sue as unambiguously as possible.
Paolo Reyna
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Paolo Reyna is a writer and storyteller with a wide range of interests. He graduated from New York University with a Bachelor of Arts in Journalism and Media Studies.
Paolo enjoys writing about celebrity culture, gaming, visual arts, and events. He has a keen eye for trends in popular culture and an enthusiasm for exploring new ideas. Paolo's writing aims to inform and entertain while providing fresh perspectives on the topics that interest him most.
In his free time, he loves to travel, watch films, read books, and socialize with friends.
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