Drug Recall Claims
Serving Oklahoma City, Oklahoma and surrounding areas
In the past few months, the U.S. Supreme Court has delivered two rulings that govern the way state courts must handle lawsuits filed by individuals suffering injuries caused by defective medical products. Interestingly, their two rulings were somewhat contradictory.
In Riegel v. Medtronic, the Supreme Court ruling limited victims’ rights to receive compensation for injuries caused by defective medical devices. In Wyeth v. Levine, the Supreme Court ruling granted victims the right to collect damages from pharmaceutical companies for injuries caused by their defective drugs.
The key issue involved in each case was whether federal approval of a product preempts an individual’s right to sue for damages in a state court.
What is Preemption?
Preemption is an argument that many attorneys use when defending pharmaceutical companies or medical device manufacturers in product liability litigation. The preemption argument asserts that FDA approval of these products validates their adherence to the necessary standards of safety required for that type of product. As a result, federal approval should preempt lawsuits from individuals seeking compensation for injuries sustained by defective medical devices and drugs in state courts, provided that the manufacturer complied with all federal regulations.
By upholding preemption arguments in medical device cases, the Supreme Court has severely limited the standards of accountability that medical device manufacturers must maintain. As long as their devices receive government approval, they will not be responsible for defects that jeopardize the health and safety of millions of American consumers.
By rejecting preemption arguments in pharmaceutical injury cases, the Supreme Court has determined that drug manufacturers must be held accountable for injuries caused by defects in their drugs that cause serious injuries to consumers using their products.
Why do Preemption Laws Differ for Drugs and Medical Devices?
The Supreme Court delivered contradictory rulings in these two cases due to a legal technicality. The Medical Device Amendments of 1976 contain a preemption clause, while the Food, Drug and Cosmetic Act, which governs litigation in drug claims, does not.
The ruling in Reigel v. Medtronic has led members of Congress to start debating the validity of the preemption argument. Many lawmakers in Washington believe that medical devices should be regulated by the same rules as pharmaceutical products. As a result, they have introduced the Medical Device Safety Act of 2009, which if passed, will eliminate the preemption defense in defective product cases against medical devices.
Experienced Defective Product Representation
If you have suffered an injury caused by a defective drug or medical device, the Oklahoma City defective product attorneys at Stipe Injury Law can help you receive the compensation you deserve. We have handled many pharmaceutical liability cases in the past, and we have the skills, experience, and resources needed to take on the major pharmaceutical companies and medical device manufacturers.
If you have a pharmaceutical injury claim, please contact our Oklahoma City, Oklahoma pharmaceutical liability lawyers today to schedule a consultation.
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