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Preemption Garbage Strikes Wisconsin

By Frank Pasternak, Esq.

Blunt v. Medtronic, 2009 WI 16, is another bad example of how the U.S. Supreme Court has screwed up products liability law for consumers. Blunt is likely consistent with the litany of horrific decisions from federal courts, but the result is simply unfair to consumers. Bottom line, the Wisconsin Supreme Court held that this personal injury case was preempted because the FDA approved a defective product that Medtronic effectively recalled. Yeah, that's great, let's assume that the FDA always gets it right and bar consumers from suing for injuries received from an "approved" product even after the manufacturer has essentially admitted the product was bad.

Wisconsin Personal Injury Lawyer

Full post as published by Wisconsin Personal Injury Lawyers Blog on February 21, 2009 (boomark / email).