Personal Injury Law

Landmark Decision Precedent Could Hinder Even More Personal Injury Lawsuits

By Greg Webb

In late February, a landmark decision by the Supreme Court ruled patients injured by most medical devices cannot sue the manufacturers. This decision expands upon the Bush administration's policy reversal in 2004, contending that if the Food and Drug Administration (FDA) approves a product, the manufacturer of the product is therefore protected against lawsuits at the state level. The recent decision was supported by a legal theory that states the Food and Drug Administration (FDA) sufficiently regulates the drug and device industries and should therefore not be second-guessed by courts. Critics reply they too would agree with this logic if the FDA were doing a better job. http:///www.latimes.com/business/la-fi-fda3mar03,1,414946.story?track=rss&ctrack=2&cset=true

Full post as published by Charlottesville Personal Injury Lawyer on March 20, 2008 (boomark / email).