Democrats in Congress moving to restore right to sue over medical devices
06 03 09 - 12:25
Bill Would Restore Right to Sue Over Medical Devices
By THE ASSOCIATED PRESS - The New York Times
WASHINGTON (AP) — A day after the Supreme Court decided that federal rules did not protect drug makers from state lawsuits, Democrats in Congress moved to overturn a decision that has shielded medical device companies from similar legal action.
On Wednesday the court turned away Wyeth’s contention that it was not subject to lawsuits in state courts for its antinausea drug Phenergan, because the drug had already been approved by the federal Food and Drug Administration. The ruling upheld a $6.7 million award to a Vermont woman who lost her arm after she was improperly injected with the drug.
Seizing on the decision, Democrats reintroduced on Thursday the Medical Device Safety Act, a bill that would allow similar lawsuits against companies that make heart devices, catheters, replacement hips and other apparatus. “Yesterday the Supreme Court rightfully upheld a patient’s right to legal recourse after sustaining an injury from a pharmaceutical product,” said Rep. Frank Pallone Jr., a New Jersey Democrat. “Today, we introduce legislation that gives patients that same right when injured by a medical device.”
The device industry’s chief lobbying group quickly criticized the effort, saying it would “produce a chilling effect on medical innovation, create more lawsuits and ultimately result in higher health care costs for all Americans.”
Despite opposition from the industry, the bill enjoys support from a broad range of interest groups, including consumer advocates, trial lawyers and AARP. Companion legislation was introduced by Senator Edward M. Kennedy, Democrat of Massachusetts. Many analysts have already predicted the measure will become law.