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For Immediate Release: June 26, 2008
Contact: Amaya Smith
202-965-3500 x369
AAJ Press Room
Bill Would Help Injured Patients Like Bridget Robb Hold Companies Accountable for Defective Products
Look no farther than heart patient and defective Medtronic defibrillator patient Bridget Robb to understand how the February 2008 Supreme Court decision in Riegel v. Medtronic affects real people. With Riegel the Supreme Court found that medical device manufacturers would be given complete immunity from claims brought by people injured by any of the 316 medical devices affected by the decision.
Bridget was awoken from her sleep by a series of 31 shocks to her heart in a span of 13 minutes. As she dialed 9-1-1 for help the only witness to her pain was her six-year-old daughter, Emma. Unbeknownst to Robb, her defective cardiac lead had been recalled two months earlier.
"Clarifying the right of patients to hold companies accountable is the most important aspect to this bill," said American Association for Justice (AAJ) CEO Jon Haber. "Bridget is one person among hundreds around the country who may not receive justice for the harm done to them by a defective medical device unless Congress passes this critical legislation."
The Supreme Court's decision in Riegel allowed a much broader interpretation of the Medical Device Amendments of 1976 (MDA) than was ever intended by Congress. Historically the checks and balances system requires Congress to consider the impact of its laws on Americans.
"Every member of Congress could have people suffering from faulty devices and they should act immediately to protect others like Bridget," Haber said.
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As the world's largest trial bar, AAJ promotes justice and fairness for injured persons, defends the constitutional right to trial by jury, and strengthens the civil justice system through education and disclosure of information critical to public health and safety. Serving members worldwide, AAJ provides attorneys with the information and professional assistance they need to serve clients successfully and protect the democratic values of the civil justice system. Visit http://www.justice.org.
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