Supreme Court Limits Suits over Medical Devices
Scalia ruling declares, “Don’t bust a gut if you bust a gut.”
The Supreme Court made it harder for consumers to sue manufacturers of federally approved medical devices in an 8-1 decision against the estate of a patient who suffered serious injuries when a catheter burst during a medical procedure.
“Nowhere in the Constitution is it written that citizens should be protected from getting paralyzed or dying from defective medical devices,” wrote Justice Antonin Scalia in the majority ruling. “George Washington got an infection from his fake teeth. Did he whine about it?”
The Bush administration sided with industry, saying unfavorable state jury verdicts would compel companies to alter product designs.
This clears the way for new devices to enter the marketplace such as the planned formaldehyde-coated replacement hip, the benzene heart valve, and the asbestos stent.
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