The Medical Device Safety Act
The Medical Device Safety Act, Senate Bill 540 and House Resolution 1346, follows the Supreme Court's decision in Wyeth v. Levine that held that federal law does not preempt state-law claims with regard to drug warning labels. The Medical Device Safety Act would restore this right for patients with heart defibrillators, artificial valves, and artificial knee and hip implants.
Commenting on the legislation, Lieff Cabraser attorney Wendy R. Fleishman stated, "Medtronic was aware the device was failing at abnormally high rates but continued to market it as alleged in lawsuits filed against the company. Medtronic put profits ahead of patient safety. It should not receive the benefit of a judicial doctrine granting the company immunity."
On March 19, 2009, the editors of the New England Journal of Medicine endorsed the Medical Device Safety Act. They stated:
"Patients and physicians deserve to be fully informed about the benefits and risks of medical devices, and the companies making the devices should be held accountable if they fail to achieve this standard. We urge Congress to swiftly pass this legislation and to allow lawsuits by injured patients, which have been an important part of the regulatory framework and very effective in keeping medical devices safe, to proceed in the courts."
The New York Times has also endorsed the bill.
On April 2, 2009, The National Law Journal reported that more than 20 consumer, health, women's advocacy and legal groups, including the American Bar Association, have sent letters to Congress urging passage of the Medical Device Safety Act.
Medtronic and other medical device manufacturers, along with the U.S. Chamber of Commerce, vigorously oppose the bill, and are lobbying hard to defeat its passage. In 2010, the sustained and collective voice of thousands of patients who have been injured by defective medical devices can overcome this opposition.
How You Can Help
You can play a critical role in the passage of the Medical Device Safety Act. The following are great ways to contribute to the lobbying effort:
- Write to your Representative and Senators.
Please send a letter to your Congresspeople telling of your experience and asking that they support the bill. Your Representative and Senator's addresses can be found in the white pages of most telephone directories, or online at www.congressmerge.com.
- Attend a Town Hall.
During Congressional recesses, many Representatives return to their districts to conduct town halls and community meeting on legislation before Congress. Please call your Representative's local office to find out the date and location of any upcoming town halls or community meetings. Attend the meeting and speak out in support of the Medical Device Safety Act.
- Schedule a meeting.
If you can't attend a town hall, try scheduling an appointment in your Congressperson's local office. Most Senators maintain regional offices in addition to their state capital headquarters, and your Representative will have an office within your district. Contact their office by phone or through their website to request an appointment time. If you do get an appointment, you will be able to sit down face-to-face with a staffer to share your story and explain why your elected official should support the Medical Device Safety Act.
You can learn more about the Medical Device Safety Act at stopcorporateimmunity.org. That website is sponsored by the American Association for Justice, which is lobbying Congress to adopt the Medical Device Safety Act.
