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Posts Tagged ‘mdsa’

FDA Reveals It Fell to a Push by Lawmakers

Friday, September 25th, 2009

The New York Times reports that the Food and Drug Administration has revealed that four New Jersey congressmen and its own former commissioner unduly influenced the process that led to its decision last year to approve a patch for injured knees, an approval it is now revisiting. The agency’s scientific reviewers repeatedly and unanimously over many years decided that the device, known as Menaflex and manufactured by ReGen Biologics Inc., was unsafe because the device often failed, forcing patients to get another operation.

But after receiving what an FDA report described as “extreme,” “unusual” and persistent pressure from four Democrats from New Jersey — Senators Robert Menendez and Frank R. Lautenberg and Representatives Frank Pallone Jr. and Steven R. Rothman — agency managers overruled the scientists and approved the device for sale in December.

All four legislators made their inquiries within a few months of receiving significant campaign contributions from ReGen, which is based in New Jersey, but all said they had acted appropriately and were not influenced by the money. Dr. Andrew C. von Eschenbach, the former drug agency’s commissioner (who resigned amidst controversy in August 2009), said he had acted properly.

As noted in the wake of previous similar problems, this highlights the importance of passage of the Medical Device Safety Act, which would restore the right of patients injured by faulty medical devices to hold manufacturers accountable.  The safety of millions of Americans with medical devices should not be put in the hands of one person at the FDA. The civil justice system provides an independent check and balance on corporations to ensure that their products are safe.

Families Across the Nation Ask Senators To Make Medical Devices Safer

Friday, August 7th, 2009

On August 4th, a number of a families who have suffered as the result of malfunctioning medical equipment, gathered on Capitol Hill in support of the Medical Device Safety Act, a bill that would allow consumers to hold manufacturers accountable for defective products and, thereby, promote safer devices for all patients.

Molly DeGroh of McHenry, Illinois recounts the nine devastating jolts of electricity from a malfunctioning defibrillator and lead that shocked her daughter Avery. At the hospital, a chest X-ray showed a broken lead, which would’ve been nearly impossible for three-year old Avery to have broken.

Iowan Mike Mulvhill of Bettendorf shared a harrowing story of being shocked while driving through a construction zone in Ohio on a road trip to the East Coast. The defibrillator that had been implanted a little more than a year earlier for an irregular heart beat and pulse rate had shocked him with 22 unexpected, painful charges to his heart.  After emergency surgery at Ohio State University, the trauma and effects of the ordeal have forced Mulvhill into early retirement.

Mike Collins of Georgetown, Texas who is afflicted with the heart condition hypertrophic cardiomyopathy, received six improper shocks from a defibrillator implanted in 2007. Collins thinks it’s important that this bill is passed: “There is a major injustice in the situation. The companies need to be held responsible for what they do.”

Senate Hearing Highlights Victim’s Medical Device Nightmare, Asks Congress to Hold Manufacturer Accountable

Wednesday, August 5th, 2009
Aug. 4, 2009 Senate Hearing on the MDSA

Aug. 4, 2009 Senate Hearing on the MDSA

Two years ago, Michael Mulvihill of Bettendorf, Iowa, was driving when he saw a blue light flash before his eyes. His heart defibrillator was malfunctioning and sending electrical shocks throughout his body. Mulvihill’s nightmare continues because he cannot hold the manufacturer of his faulty medical device accountable due to a U.S. Supreme Court decision that gave device manufacturers complete immunity.

On August 4, 2009, Mulvihill, a client of Lieff Cabraser, testified before a U.S. Senate Committee, asking for Congress to pass the Medical Device Safety Act (MDSA), legislation that would restore the right of patients to hold manufacturers of defective medical devices accountable.

View video of the August 4, 2009 Senate hearing on the MDSA.

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