A federal judge has dismissed with prejudice lawsuits filed over lead wires to an implantable defibrillator made by Medtronic, the Associated Press reports.
The court concluded that the Food and Drug Administration’s approval of the device protected Medtronic from lawsuits under the legal doctrine of preemption. The lawsuit involved the Sprint Fidelis defibrillator wires. In 2007, the wires were pulled off the market after it was discovered that broken wires may have played a role in several patient deaths.
Last year, the U.S. Supreme Court ruled that Medtronic was protected from a similar lawsuit involving FDA approval of a balloon catheter that could burst during angioplasty.
With the democrats controlling the United States House, Senate and Presidency, this protection of medical device manufactures under the guise of preemption may be overturned legislatively.
If you believe you have been injured by a defective medical product, we can help. Contact Carey, Danis & Lowe headquartered in St. Louis, Missouri to discuss your case.
