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ShezaGirlie

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By PETE YOST, Associated Press Writer
Wed Feb 20, 11:12 AM ET



WASHINGTON - The Supreme Court on Wednesday made it harder for consumers to sue manufacturers of federally approved medical devices.

In an 8-1 decision, the court ruled against the estate of a patient who suffered serious injuries when a catheter burst during a medical procedure.

The case has significant implications for the $75 billion-a-year health care technology industry, whose products range from heart valves to toothbrushes.

In a recent three-month span, federal regulators responded to over 100 safety problems regarding medical devices.

At issue before the Supreme Court was whether the estate of Charles Riegel could sue a company under state law over a device previously cleared for sale by federal regulators.

Under federal law, a company must substantiate the safety and effectiveness of a medical device before the U.S. Food and Drug Administration will approve it for the marketplace.

State lawsuits are barred to the extent they would impose requirements that are different from federal requirements, said the ruling by Justice Antonin Scalia.

In dissent, Justice Ruth Bader Ginsburg said that Congress never intended "a radical curtailment of state common-law lawsuits seeking compensation for injuries caused by defectively designed or labeled medical devices."

But Scalia, in response, said, "It is not our job to speculate upon congressional motives."

Seven federal appeals courts including the one in Riegel's case have interpreted federal law on medical devices as prohibiting state lawsuits. The 11th U.S. Circuit Court of Appeals in Atlanta and the Illinois Supreme Court have ruled otherwise.

Charles Riegel's family alleged that the catheter produced by Medtronic Inc. of Fridley, Minn., outside Minneapolis had a design defect and an inadequate warning label.

Riegel survived the procedure to unclog an artery, though he had permanent disabilities, his family says. He died in 2004.

The Bush administration sided with industry, saying unfavorable state jury verdicts would compel companies to alter product designs or labels that had already gotten FDA approval.

Lawyers for Riegel's estate argued that a manufacturer can use FDA approval as a legal defense, but cannot use the law to block state lawsuits altogether.

Lawyers for Riegel's estate said that FDA procedures are far less rigorous than Medtronic says.

The case is Riegel v. Medtronic, 06-179.
 
Just to thicken the plot...

Just to thicken the plot...

...or perhaps this is on to an extended train of thought, Janie :confused: ... (I wondered if the catheter was reprocessed)

Your article made me think of something I read several years ago in a US News & World Report about hospitals that "reprocess" their "one use only" instruments, including those marked "disposable." Supposedly, they are supposed to keep track of how many times those catheters and tubing and scissors have been used, etc., and there are steps that are supposed to be followed in the reprocessing process...

But within the report, they explained that a tubing that goes down your esophagus for a test one week could have been up someone else's "other end" the week before, with "reprocessing" done in between uses! Then they cited failures of various "reprocessed" devices, including some kind of instrument used in an angiogram that broke off up inside a woman's heart. The end of the instrument was still floating around, or lodged in, her heart at presstime of the article. Horrifying.

There is a hospital near us that has an awfully high percentage of staph and fecal infections in a large portion of their surgery incisions and IV sites. I have often wondered if they have trained monkeys in their basement, busily reprocessing "one use only" and "disposable" surgical instruments and paraphernalia in between their banana breaks. We avoid that hospital as much as is reasonably possible.

If you see an ER tech tear open a packet marked "disposable" or "one use only," you expect that it is what it says it is. You trust that it is what it says that it is. But what if it isn't?
 
It was such an old article--I'm not sure from how many years ago it was, but maybe ten or so--But all of the info and experiences from the article I read were from the US...

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Edit - I did a little research and evidently that article was from 1999. If anyone wants to research this topic, you can use this terminology in your search: "reprocessing single-use devices," and you will find lots of information.

One article I just looked up suggested that a person who does not want these devices can simply write "Do Not Use Reprocessed Single-Use Devices" on the patient consent form, that they are provided with by their medical provider.
 
My thought....just because a product or medication is "approved". Does not mean it is safe! Sad but true!::(
 
LUVMyBirman said:
My thought....just because a product or medication is "approved". Does not mean it is safe! Sad but true!::(
This is where I get mixed feelings. Generally we are told of all the nasty possiblilites that may happen to us, so in a sense, were granting permission for these things to be used. Do we have the right to sue over something we gave permission too? See where I'm going with this?
 
I'm mixed too. On the one hand, it's not wrong for the medical community to be held highly accountable for what they do. They have our lives in their hands. On the other hand, with increasing lawsuits and awards are we creating an environment where we allow no mistakes from our medical community, which in turn causes the community to take less and less risk in developing new life-saving procedures and drugs that can benefit us?

Carelessly developed devices, procedures and drugs should be held to account, but when does this accountability hurt the general good? How do we separate the truly irresponsible from those who proceeded with all caution, yet made mistakes?

It's a very tough balance.
 
Yes, I am on your side of the fence Ross!

It is actually to the point of assessment. Do I really need this? How will it effect "my life"?

Bottom line it's a business. Just watched a segment on the Berlin Heart device for little ones. It was reported that the device is saving lives but will not be approved in the US because there is not a "large" need. i.e. the company would not make numbers. Now that is SICK!
 
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