Friday, March 6, 2009

Medical Device Safety Act

Following right on the heels of the Supreme Court ruling preserving injured patients' right to sue drug makers, legislation has been introduced that could have a similar impact on defective medical device cases.

The Medical Device Safety Act of 2009 was introduced Thursday by House Subcommittee on Health Chairman Frank Pallone and House Energy and Commerce Committee Chairman Henry Waxman. If it passes it would reverse a February, 2008 Supreme Court decision that shielded medical device makers from lawsuits brought under state laws. Based on that decision thousands of lawsuits against device makers were dismissed by lower courts.

The Medical Device Safety Act is supported by a wide variety of groups including the Alliance for Justice, AARP, the American Bar Association, the New England Journal of Medicine, National Conference of State Legislatures, and numerous other groups.

Analysts believe that the measure will pass. If it does, this will be a one-two punch in favor of injured parties. As it stands now, many victims of drug and device makers may be feeling discouraged and hold the false belief that the lawsuits that could help them get back on their feet are a waste of time.

You have the opportunity to help break the good news through your advertising campaigns and to capitalize on the trend toward protecting consumer rights. The creative team at Network Affiliates can incorporate these new developments into your marketing plan and help you get this encouraging message out to your potential clients. Contact Network Affiliates today to find out how you can benefit from these changes.

posted by Harlan Schillinger at 6:08 AM

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