Supreme Court Rules Against Consumer
In February a landmark decision was made affecting the rights of consumers. The Supreme Court voted 8-1 against the plaintiff in a case in which he claimed the manufacturer of a medical device was responsible for injuries he suffered when the device burst during heart surgery. The Class III device was a Medtronic catheter that was being inserted into his coronary artery when it was over-inflated by the doctor. The plaintiff sued the doctor and Medtronic.
The plaintiff lost the case because the court found that 1) the Medtronic catheter had been sufficiently tested and 2) the “pre-emption clause” in the Medical Device Amendments of 1976 overruled common-law claims about the effectiveness and safety of medical devices approved by the Food and Drug Administration.
This decision by the Supreme Court will have an influence on future product liability lawsuits, especially since it covers both warnings and design defects for medical devices approved by the FDA. Because of this ruling, it may become more difficult for victims of faulty Class III medical devices to seek justice for injuries and damages caused by faulty, dangerous, or defective products.
If you or a loved one has been harmed by a product, contact the product liability lawyers at Cappolino Dodd Krebs LLP at 1-800-460-0606.