Update on Backfiring of Federal Preemption Due to Manufacturer Fraud
In my last post, I addressed the dangers and senselessnes of FDA preemption in the wake of Riegel v. Medtronic, given the reality that some doctors continue to test and use medical devices in ways that can only be described as corrupt. Combine that with the FDA’s well-documented history of poorly run trials that are hurriedly performed so [...]
Is Federal Preemption of Medical Device Claims Backfiring?
Today, we revisit the story of a West Virginia orthopedist who has injured and killed numerous residents of his state with his unmatched incompetence. ChicagoTribune.com reports that Biomet, Inc., parent company of EBI, the manufacturer of bone stimulators used by Dr. John King during many failed surgeries, has settled 24 out of 27 claims by [...]
New England Journal of Medicine Sides with Patients Against Medical Device Makers
An editorial in today’s New England Journal of Medicine laments the result of the Riegel v. Medtronic decision, based mostly on the NEJM’s concern that “preemption will result in medical devices that are less safe for the American people.” The editors point to the most recent example of preemption in action, in which a district court judge [...]