The Medical Device Safety Act of 2009 (the "MDSA") is one of this year's top pieces of consumer rights legislation. This crucial legislation seeks to protect patients from dangerous and defective medical devices by reversing the effect of the Supreme Court's ruling in Riegel v. Medtronic. Riegel provides blanket immunity from liability to some medical device manufacturers if those devices have received pre-market approval by the FDA. Those immune from liability include manufacturers of replacement heart valves, silicon breast implants and pace-makers.
As a direct result of Riegel, many medical device recipients have been denied the opportunity to seek compensation for injuries, lost wages and medical expenses when harmed by defective medical devices or inadequate warnings.
If passed, the MDSA would restore injured patients' rights to seek justice in the courts when medical devices have failed.
As New Mexico medical device safety attorneys, we believe it is critical that Congress act to protect the safety of consumers and support the MDSA. Serious - sometimes fatal - injuries occur as a result of defective medical products. These products may be placed in the stream of commerce, and into our bodies, without sufficient safety studies. Consumer lawsuits are necessary to hold manufacturers accountable for their dangerous products.
Passing the MDSA will put safety and consumers first.