Personal Injury Law

Our judicial system may be charged with the duty of defending the rights of ordinary citizens who have been injured by the negligent actions of large corporations, but unfortunately, it does not always act in accordance with this duty.

In 2008, the United States Supreme Court delivered a grossly irresponsible ruling that effectively robbed victims of defective medical devices of their ability to hold negligent device makers accountable for their actions. The ruling prevents victims from filing product liability lawsuits against device manufacturers if the defective device was approved for use by the Food and Drug Administration (FDA).

As a result of this misguided ruling, federal and state courts across the country have been dismissing valid claims against medical device manufacturers whose defective products have led to the serious injury or death of many innocent victims seeking essential medical treatment. Instead of protecting injured victims, the Supreme Court has chosen to make it easier for large corporations to flood the market with sub-standard products that endanger the lives of millions of Americans.

One of the companies standing to benefit from this ruling is Medtronic, a medical device manufacturer whose defective Sprint Fidelis defibrillator lead has led to the injury or death of many Americans. More than 235,000 Sprint Fidelis leads were installed in patients between 2004 and 2007, when Medtronic finally recalled their defective device. Many patients were receiving needless jolts of electricity to their heart, while others failed to receive a jolt when necessary. However, since this product was approved by the FDA, the Supreme Court ruling prevents victims and their families from receiving compensation for their injuries.

What is even more alarming is that the Supreme Court is currently hearing a similar case involving defective drugs. If they rule in favor of drug manufacturers, then millions of Americans suffering injuries from taking dangerous or defective drugs will lose their right to sue pharmaceutical companies for compensation.

The FDA is not perfect. Many of the drugs and medical devices they approve for use in this country have not been adequately tested, and as a result, many of these products turn out to be dangerous or defective. Furthermore, it is impossible to conclusively determine all of the side effects of many of the drugs approved for use, since the FDA lacks the time needed to conduct long-term studies on these drugs before approval. By robbing victims of their right to sue for damages, the Supreme Court has removed all accountability and essentially given these companies an ability to push sub-standard products onto the market when they will help boost profits.

Congress is currently trying to pass legislation that will nullify the Supreme Court's 2008 ruling in an attempt to restore accountability and provide victims with the rights they deserve. Hopefully, this legislation will pass sooner than later.

It is important to consult an experienced product liability attorney if you have been injured by a defective medical device. If this new legislation passes before your case comes to trial, you will most likely be able to receive the proper compensation you deserve.

If you have a defective product claim in the Washington, D.C. area, please contact the Law Offices of Chaikin, Sherman, Cammarata, & Siegel P.C. today to schedule a consultation.