ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Thursday, June 27, 1996 TAG: 9606270047
SECTION: NATIONAL/INTERNATIONAL PAGE: A-9 EDITION: METRO
DATELINE: WASHINGTON
SOURCE: Associated Press
In a decision hailed as a ``tremendous victory for consumers,'' the Supreme Court ruled Wednesday that makers of medical devices can be sued in state courts over alleged defects in their products.
Compliance with federal laws and regulations does not necessarily protect a medical device from product-liability lawsuits filed under state laws, the justices said.
The 5-4 ruling also will affect thousands of lawsuits over allegedly defective medical devices, not just pacemakers. Earlier this year, a federal judge in Birmingham, Ala., said the high court's ruling could ``significantly affect'' the many silicone breast-implant lawsuits pending in his court.
Just what that effect may be, however, was clouded by the court's splintered voting Wednesday.
And there was no clear indication as to how the ruling will affect disputes over the right to sue in state courts over other types of products that need federal approval before being marketed.
Consumer groups were delighted nonetheless.Public Citizen, an advocacy group founded by consumer champion Ralph Nader, called the ruling ``crucial to protecting health and safety.''
``Today the Supreme Court recognized that the purpose of medical-device laws is to protect consumers ... from dangerous products, not to immunize manufacturers from liability,'' said Public Citizen lawyer Brian Wolfman.
Arthur Bryant of the Trial Lawyers for Public Justice added, ``This is a tremendous victory for consumers. Its implications for the right to sue in the face of other federal laws is very pro-consumer.''
Laura Lohr of Jacksonville, Fla., and her husband, Michael, are suing Minneapolis-based Medtronic Inc., the world's largest pacemaker manufacturer. The couple alleges faulty design, manufacturing and labeling of her pacemaker.
William George, Medtronic's president, said he was disappointed by the ruling but that his company would continue to defend itself against Mrs. Lohr's lawsuit.
``There will be no significant, adverse financial impact for our company,'' George said.
The court ruled unanimously that a 1976 federal law called the Medical Device Amendments allows consumers to file state lawsuits claiming a product had a design defect, but split 5-4 in ruling that the law also does not preclude lawsuits alleging faulty manufacturing or labeling of a medical device.
LENGTH: Medium: 53 linesby CNB