Medical Devices Immune From Personal Injury Lawsuits, Supreme Court Rules

medical-devices-immune-from-personal-injury-lawsuits-supreme-court-rules

The U.S. Supreme Court has ruled that medical device makers are protected from personal injury lawsuits, so long as the Food and Drug Administration approved the device before it was marketed and it meets the agency’s specifications, The New York Times reports. The types of devices that have been subject of lawsuits in the past include an implantable defibrillator, a heart pump, an artificial heart valve and prosthetic hips and knees.

This is an unfortunate decision for American consumers. Total immunity is the last thing you want to give corporate giants with deep pockets. Our legal system is designed to hold people and corporations accountable for their wrongdoings. The Court’s decision has created a slippery slope toward eroding our fundamental and necessary system of checks and balances.

I fear this decision will only motivate large corporations to politicize the FDA by seeking approval of known dangerous medical devices in order to get immunity from personal injury lawsuits. I also predict that pharmaceutical corporations will soon petition the courts for a more expansive interpretation of this decision to include corporate immunity from personal injury lawsuits derived from prescription drug injuries or deaths. History has shown that the FDA does not always approve safe drugs.

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