Life Sciences

Congress aims to eliminate preemption of state lawsuits

Device Regulation Alert: Safety, Compliance and Reimbursement News, March 9, 2009

One day after the US Supreme Court ruled FDA approval does not shield pharmaceutical companies from patient lawsuit, Representatives Frank Pallone, Jr. (D-NJ) and Henry A. Waxman (D-CA) introduced the Medical Device Safety Act of 2009.

The legislation, introduced March 5, is designed to protect “patients from dangerous and defective devices by correcting the Court’s flawed interpretation” of the Medical Device Amendments of 1976, according to a Waxman release. “The legislation explicitly clarifies that state product liability lawsuits are preserved.”

Read more about the Medical Device Safety Act of 2009.

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