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Re: TennisStar post# 5845

Sunday, 08/21/2016 4:48:02 PM

Sunday, August 21, 2016 4:48:02 PM

Post# of 41298
Have you seen this g2g? Some serious BS if you ask me!

Medtronic continued with their argument that patients injured by non-approved uses don’t have grounds to sue under state law because doing so violates preemption, a legal dictum which says federal laws supersede state consumer-protection laws—referring to Riegel vs. Medtronic, a 2008 case where the Supreme Court gave medical device companies broad immunity from liability for almost every use of a product if the FDA had approved it for any use.


Attorneys for Caplinger claim that the request was made to reconsider the ruling because it’s simply illogical for Medtronic to be unaccountable for representatives of the company who condone a product use that could be harmful. It is important to note that doctors are within their legal rights to use a medical device in unapproved ways when they have sound reasoning for doing so and they disclose all risks and alternative options to patients, but it’s estimated that 85 percent of the injury complaints against Infuse state that the product was used in an off-label manner that did not meet these requirements.



Problems resurface for Medtronic as patients awarded 8.45 Million

How was ur climb?
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