As reported in the Chicago Tribune, the U.S. Supreme Court agreed earlier this week to consider whether federal regulatory approval of medical devices shields manufacturers from most product liability lawsuits in state courts. In the underlying lawsuit at issue, a New York couple, Charles and Donna Riegel, sued Medtronic Inc. when its Evergreen balloon catheter burst during Charles Riegel’s angioplasty.
The growing consensus in federal appeals courts has been that the Food and Drug Administration’s regulation of medical devices, particularly the agency’s stringent pre-marketing approval process, generally does protect the companies from lawsuits.
Thanks to the Products Liability Prof blog for the tip.
About the Author
Tom D'Amore is the founder of D'Amore Law Group and a trial attorney with over 30 years of experience representing injured people and their families across the West Coast, securing more than $325 million in recoveries. He handles cases involving
car accidents,
trucking accidents,
construction injuries,
medical malpractice, and
sexual abuse. Licensed in Oregon, Washington, and California, Tom is the only NBTA board-certified truck accident attorney in Oregon. He is a national Board of Governors member, past Executive Committee member, and past Budget and Audit Chair of the American Association for Justice, as well as past President of the Oregon Trial Lawyers Association and an Eagle member of the Washington State Association for Justice.
