The Cochran Firm Legal Blog

Currently, House and Senate Democrats are seeking to pass legislation that would nullify a 2008 Supreme Court ruling that virtually stripped defective medical device victims of all recourse of action against the products’ manufacturers.

The ruling prevents injured patients and the surviving family members of victims killed by defective medical devices from suing the device manufacturers if the product had received FDA approval.

As a result of this highly misguided and grossly irresponsible Supreme Court ruling, courts all across the country have been dismissing product liability claims against medical device manufacturers for injuries caused by their products’ defects. This ruling has left victims of defective medical products all but helpless when trying to recover fair compensation for their injuries, and it has created a situation where neither the Food and Drug Administration nor medical device manufacturers are being held accountable for errors leading to the severe injury and death of many Americans seeking essential medical treatment.

The description of cases that have been dismissed in the past year will leave you shocked and appalled. Some of the more notable cases include:

• A woman who suffered internal burn injuries by a medical device intended to reduce her menstrual bleeding
• A man suffering internal injuries from the use of a prostate treatment device
• Many patients who sustained serious injuries from defective joint and heart implants

This week in St. Paul, Minnesota, a woman filed a claim against Medtronic after one of their defective defibrillator leads resulted in the death of her 33-year-old husband. Due to the Supreme Court’s decision last year, her claim will most likely be dismissed as well.

Clearly, this legislation must pass in order to restore the rights of defective medical device victims and to create a greater sense of accountability on the part of the FDA and the medical device manufacturers. With such a large number of defective devices receiving approval to be sold on the market, it is clear that the FDA is not doing an adequate job at protecting the safety of Americans.

The Supreme Court is currently deliberating over whether to extend the same protections to drug manufacturers. Considering the large number of pharmaceutical products that are approved before studies can evaluate their long-term side effects, such a ruling would be disastrous to the many Americans seeking recourse for injuries sustained due to defective drugs.

If you have been injured by a defective medical product, the Cochran Firm can help you receive the compensation you deserve. Please contact one of our product liability attorneys today to schedule a consultation. We serve clients nationwide.