According to an article published in an insurance journal, the US Supreme Court has now become interested in a case that deals with a man who became a paraplegic after a medical device was implanted in his body that delivered pain medication into his spine. Joe Knows Law specializes in product liability law and would be more than happy to work with you if you’ve got a similar case on your hands.
A Matter of State and Federal Law
The lawsuit deals with a medical device technology manufacturer being accused of neglecting to inform federal regulators about issues with one of their pumps and catheters, which could be seen as a violation of product liability law. The manufacturer countered with the argument that patients can’t legally sue them with state law for allegedly violating a federal law duty. The argument was thrown out by the appeals court, which allowed the suit to proceed under Arizona law.
Past Court Decisions
In the past, decisions by the Supreme Court have been interpreted by the federal law that oversees medical device approval as putting limitations on the types of lawsuits that patients can bring. In a court ruling in 2008, the court declared that device manufacturers could not be subjected to more requirements in regards to the state product liability law.
The results of that ruling made it so that patients could sue under state rules that run parallel to requirements at the federal level.