If you have been injured by a faulty medical device – whether a stent, implanted defibulator or artificial knee – you may be entitled to compensation. On February 20, 2007, the Supreme Court affirmed the Second Circuit decision in Riegel v. Medtronic, Inc., baring patients injured by defective medical devices from suing if the medical device that caused the injury was approved for marketing by the F.D.A. and made to the agency’s specifications.
However, there may still be a compensatory cause of action and we believe injured patients should pursue their right to compensation. While one party involved in bringing the medical device to market may not bear the burden for damages, another may and patients need to know their rights. Being able to sue for damages caused by the poor manufacture and/or use of a medical device applies pressure on companies to ensure that their products are safe and to quickly remove them from the market should unexpected dangers occur.