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Posts Tagged ‘Medical Device Safety Act’

Families Press for Safer Medical Devices and Passage of Medical Device Safety Act

Tuesday, August 18th, 2009

After her daughter Katie died during surgery to remove a defective Medtronic heart defibrillator wire, Michele Meyer became an activist for patients rights. Meyer’s daughter and others had their rights taken away as a result of a 2008 Supreme Court decision that gave medical device manufacturers immunity from legal claims. Meyer is working hard to restore the right to sue negligent manufacturers of faulty medical devices. These families are pressing Congress to pass the Medical Device Safety Act.

Other families affected by the preemption ruling include the Bairds, whose 16 year old son died after his Medtronic Sigma pacemaker malfunctioned, and the Beadlings. Wife and mother Jan Beadling has been shocked several times and has been left with serious and permanent injuries as a result of a faulty Medtronic heart lead and currently has no legal recourse.

Earlier this month, Meyer joined the Bairds, Beadlings, and many others in Washington to attend a hearing before the Senate Health, Education, Labor and Pensions Committee and give voice to their concerns about medical device safety.

Jan Beadling is impassioned about the cause. She stated, “This legislation is crucial to protecting patients. I’m concerned about the next person harmed by these dangerous products.”

FDA Head of Medical Devices Resigns; Controversy Highlights Need for Passage of Medical Device Safety Act

Thursday, August 13th, 2009

Two days ago, it was reported that Dr. Daniel Schultz resigned from his post as the head of the FDA’s medical devices division. Earlier this year,  nine scientists wrote letters to President Obama and other political leaders alleging that there was “systemic corruption and wrongdoing that permeates all levels of FDA,” including within the medical device approval process, which put the safety of Americans at risk.

The scientists claimed that they were pressured to approve certain devices and threatened those that failed to do so with disciplinary action.  In one glaring example, the scientists claim Dr. Schultz approved a Regan Biologics knee repair device in 2008, despite the scientists’ repeated rejections of the device because it posed “an increased risk” in comparison to similar devices.

In a January hearing, the Government Accountability Office criticized the FDA, saying the agency had not been inspecting the production of medical devices as regularly as it was required to. High-risk devices, such as pacemakers, should be inspected every two years but the agency had been inspecting high-risk products only every six years.

This development 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 HELP Committee Hearing on MDSA Scheduled for August 4th

Thursday, July 30th, 2009

Senate Committee on Health, Education, Labor, and Pensions is scheduled to hold a hearing on “Protecting Patients from Defective Medical Devices” as part of its review of the proposed Medical Device Safety Act of 2009. The hearing will occur on Tuesday, Aug. 4th at 2:30 p.m. The committee has broad jurisdiction over the operation of the country’s health care, schools, employment and retirement programs.

New Article Highlights Medical Safety Device Act of 2009

Friday, July 17th, 2009

In an OpEd News article titled “Restoring Patient Rights and Promoting Safer Medical Devices,” Lieff Cabraser attorney Stephen H. Cassidy discusses the critical importance of the Medical Safety Device Act of 2009 for patients.

Avery DeGroh is one of thousands in America who suffered terrifying electrical shocks caused by a faulty Medtronic lead. Sadly, they have been deprived of their legal right to hold Medtronic accountable for its negligence. The Medical Device Safety Act of 2009 (S. 540/ H.R. 1346), restores the right of Americans injured by medical devices, to seek justice through the civil justice system.   Read the full article on OpEd News.

New York Times Supports Rights of Patients to Sue Makers of Defective Medical Devices

Tuesday, March 17th, 2009

On March 15, 2009, the New York Times ran an editorial supporting the idea that patients victimized by defective medical devices should have their rights to sue manufacturers restored. These historical rights were invalidated last year when the U.S. Supreme Court ruled that device makers could not be sued for damages in state courts if the device was approved by the F.D.A. As the Times put it,

“Now that the Supreme Court has ruled that patients can sue drug companies in state courts for harm caused by medicines approved by the Food and Drug Administration, Congress ought to give patients the same right to sue makers of medical devices.”

The editorial concluded that suits in state courts should reinforce federal regulations, and that patients hurt by faulty medical devices should have the right to seek redress there. Read a copy of the full editorial.

Congress May Let Injured Victims Sue Medical Device Makers

Sunday, February 22nd, 2009

According to a piece in the February 20, 2009 Wall Street Journal, new legislation planned for introduction by Democrats Henry Waxman and Frank Pallone would allow injured patients to sue device makers. Another medical industry case is pending in the Supreme Court that visits similar issues but in the context of prescription drugs.

Read a copy of the Wall Street Journal article.

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About Lieff Cabraser

Founded in 1972, Lieff Cabraser Heimann & Bernstein, LLP is an over sixty attorney law firm with offices in San Francisco, New York and Nashville. We represent clients in defective medical device personal injury lawsuits and other cases.



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