The SWWAN Blog


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6/30/2007

US Supreme Court to rule on medical-device liability

The US position on state sovereignty can create strange situations. Recent government administrations have taken oppposite sides of this thorny one (Clinton's for, Bush's against)--does federal approval of medical devices shield manufacturers from product liability lawsuits in state courts. So far, most federal appeals courts have said, yes, indeed, if your FDA-approved device fails during my operation, I can sue you anyway in state court.

Well, the Supreme Court is made up of individuals with political leanings. It'll be interesting to see where it lands.

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