In late 2008 or early 2009 the Supreme Court will decide whether FDA approval of a prescription drug prohibits the filing of personal injury and wrongful death lawsuits against drug companies.
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The short of it is, as seen by this March 2008 newspaper article about the defective Sprint Fidelis lead wire, just because a medical device was approved by the FDA does not mean it is a safe product
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Opinion: Patient Lawsuits Are A Significant Incentive For These Manufacturers And Companies To Ensure That Their Products Are Safe For Use By American Patients
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Medtronic Wants Court To Reject All Injury And Death Cases Based On Riegel Preemption Ruling; Federal MDL Motion To Dismiss Hearing Scheduled For November 2008
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Something Old And Something New: Two Items From July 3, 2008 NEJM Show Why Preemption Applied In These Types Of Cases Is Bad Public Policy
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