JAMA Backs Plaintiffs’ Rights to Sue Medical Device Makers
Wednesday, October 22, 2008
Patients injured by FDA-approved medical devices should be allowed to sue the device maker for damages in state courts, according to an editorial published in the Journal of the American Medical Association. The journal’s editors sided with patients in a closely watched United States Supreme Court case, Wyeth v. Levine. Diana Levine, a Vermont guitarist who lost part of her arm to infection after receiving an intravenous injection delivered by a device made by Wyeth, sued the company for personal injury in her state courts. She argued that Wyeth did not properly warn her or the medical staff about the…Continue » Posted in Medical Devices