You Have Rights Blog
Judicial Panel on Multi-District Litigation Transfers all Medtronic Sprint Fidelis Cases
Monday, February 25, 2008
All cases filed in Federal Courts moved to District of Minnesota Earlier this week, the Judicial Panel on Multi-District Litigation issued a transfer order, transferring all Medtronic Sprint Fidelis cases filed in various federal courts to the District of Minnesota. Mark & Associates, P.C. continues to aggressively evaluate new cases involving recalled Medtronic Sprint Fidelis defibrillator leads. Defibrillator patients can request a free legal consultation by visiting http://www.MedtronicLegalAction.com. On October, 15, 2007, Medtronic Inc. announced it was recalling its Sprint Fidelis leads from the worldwide market due to a risk of fracture, which can potentially cause a defibrillator to either…
The Supreme Court’s Ruling in Riegel v. Medtronic Will Not Stop the Pursuit of Justice
Friday, February 22, 2008
On February 20, 2008 the United States Supreme Court decided in an 8-1 decision that federal law “preempted” state tort lawsuits involving some defective medical devices. Without getting into all of the specifics of the case, the decision essentially means that victims of defective medical devices will have a more difficult time filing suits against manufacturers of defective medical devices, if that product was approved by the FDA through the premarket approval process or PMA. This decision may impact the Medtronic Sprint Fidelis leads cases, as well as cases involving all other defective medical devices, but it does not completely…
Preemption - the legal defense that puts everyone at risk
Wednesday, January 30, 2008
Preemption has the ability to impact our health care system more than any other and it's barely being discussed. You can't turn on the news these days without hearing about the economy, the environment, the war and about health care but you've not heard about preemption and it is time for some public discussion about it. Preemption is a legal defense that the manufacturers of drugs and medical devices try to raise in lawsuits in order to shield themselves from any liability. Medical device and drug manufacturers frequently try to claim that the FDA's approval of a device or a…
Patients with Defective Defibrillator Leads Could Lose Their Right to Sue
Monday, January 28, 2008
On October 15, 2007, Medtronic recalled its Sprint Fidelis defibrillator leads, citing a fracture risk which can lead to unnecessary shocks and device failure. Concerned patients who turned to Medtronic for answers were told that with minor programming changes to the ICD, their leads would work properly. This answer was not satisfactory to many of these patients, and thousands of them sought the help of defective medical device attorneys. There have been many successful settlements involving defective medical devices in recent years. However, the ability to receive just compensation from manufacturers of faulty medical devices is in serious jeopardy. A…
