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State Law Injury Claims for Medical Devices

In the December 4, 2007 issue of the Chicago Daily Law Bulletin, correspondent wrote about the ability for patients to sue the makers of federally approved and regulated medical devices under state law. The main issue to decide was whether federal law would preempt state law and prevent injured victims from bringing a state law claim. One of the major issues which such a policy would be that the Food and Drug Administration could basically shield medical device manufacturers from state law liability simply by approving use of the device. This is turn could result in the companies providing less safe products because they are satisfied with their legal protection. Such a implication can certainly have large ramifications that must not go unaddressed.

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