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Pritzker | Olsen, P.A. Defective Medical Products Blog
Medtronic Sprint Fidelis Case Highlights Need for Legislation to Nullify Riegel v. Medtronic
Last month, Mark Turnidge, a 33-year-old husband and father, died after doctors removed a fractured Medtronic Sprint Fidelis lead from his body. Medtronic had recalled Sprint Fidelis leads due to the fracturing problem in 2007 after over 200,000 patients had Sprint Fidelis leads implanted in their bodies.Wendy Turnidge, Mark Turnidge’s wife, told The New York Times that Medtronic offered her $800. She turned it down. According to the Times story, her attorney, Fred Pritzker, said he is considering suing the hospital and Medtronic. Pritzker and his law firm PritzkerOlsen have filed a number of claims for other Sprint Fidelis patients in Minnesota state court. Pritzker told the Times that recent U.S. Supreme Court ruling in Riegel v. Medtronic made it likely that a state judge would reject such cases.
In Riegel v. Medtronic, the Court held that the pre-emption clause in The Medical Device Amendments of 1976 “bars common-law claims challenging the safety or effectiveness of a medical device marketed in a form that received premarket approval from the FDA.”
Fairness, decency and justice would require Medtronic to compensate Mr. Turnidge’s family for his death. But U.S. District Courts are citing Riegel v. Medtronic and the MDA’s pre-emption clause to bar families like Mr. Turnidge’s from suing Medtronic.
Our law firm believes in justice and opposes this sweeping use of the MDA and Riegel v. Medtronic to deny people their day in court. Thankfully, some federal legislators are looking at this problem and taking steps to give patients back the right to sue when they are injured by a defective medical device. According to The New York Times:
But now, some members of Congress want to give potential plaintiffs like Ms. Turnidge a chance for legal recourse. Two House Democrats, Henry A. Waxman of California, the chairman of the House Energy and Commerce Committee, and Frank Pallone Jr. of New Jersey, the head of its health subcommittee, plan to reintroduce soon legislation that would effectively nullify the Supreme Court decision.Most people assume any product approved by the FDA is safe. Wendy Turnidge and many others know this is not true. We ask that you support any efforts to nullify Riegel v. Medtronic. Wendy Turnidge is going to be raising her sons alone. She deserves justice.
A similar Senate bill, sponsored last year by Edward M. Kennedy, Democrat of Massachusetts, and Patrick J. Leahy, Democrat of Vermont, is expected to be reintroduced in coming months.
The lawmakers, as well as patient advocates and others, say the Supreme Court’s medical device decision has left patients legally powerless against what they criticize as spotty oversight of products by the F.D.A.
Posted February 2009.
Labels: medical device litigation, medtronic lawsuit, sprint fidelis
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Firm News
AV Preeminent Rating by Martindale-Hubbell
Attorneys Fred Pritzker and Eric Hageman have been given the highest rating by Martindale-Hubbell for attorney, AV Preeminent. An AV® certification mark is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence.
Adjunct Teaching Position At U of M Law School
Attorney Brendan Flaherty has accepted an adjunct teaching position at the University of Minnesota Law School. For the 2011 spring semester, Flaherty will teach a course entitled "Practice and Professionalism," which will introduce students to foundational lawyering skills and professional responsibility issues.
Attorney Elliot Olsen Speaks at Conference
Attorney Elliot Olsen recently spoke at the Seventh Annual LifeScience Alley Conference in Minneapolis on Preemption and the Future of Medical Device Litigation. He appeared with Randall Pattee of Lindquist and Vennum and Jean Lance, VP of corporate legal and general counsel for Boston Scientific.
Named Super Lawyer
In recognition of their
achievements, Attorneys Fred Pritzker, Elliot Olsen and Eric Hageman were named "Super Lawyers" by Law & Politics magazine. According to Super Lawyers, "The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource to assist attorneys and consumers in the search for legal counsel."
Brendan Flaherty Named a Rising Star
In recognition of his achievements, Attorney Brendan Flaherty was named a 2010 Rising Star by Minnesota Law & Politics. Only 2.5 percent of the state’s lawyers are included on the list, which highlights Minnesota’s best up-and-coming legal talent.
Fred Pritzker Listed in The Best Lawyers in America
Fred Pritzker has been notified that he will again be listed in The Best Lawyers in America for his work in personal injury litigation.
This is attorney advertising. Past results do not guarantee a similar outcome. The result of each case is determined by the specific facts and the applicable law.