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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With the type of testimony heard thus far, it is understandable why the judge is doubtful about the proposition that the FDA is on-the-job and, therefore, federal preemption is warranted.
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On May 14, 2008 a House of Representative's Committee will convene a hearing to explore the legal doctrine of federal preemption in the context of product liabilitliability lawsuits involving FDA-ap
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Bills Sponsored By Waxman And Pallone In The House As Well As Kennedy And Leahy In The Senate Would Right The Wrong Of Riegel Decision By U.S. Supreme Court
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