High court medical devices ruling muddles matters; defendants say the recent ruling covers only certain 'grandfathered' devices

Article Abstract:

The US Supreme Court ruled in Lohr v. Medtronic, Inc. that a plaintiff who claimed an injury from an artificial eye lens could sue the lens manufacturer. Defendants stress that the case covers only grandfathered devices, that is, those allowed onto the market without the strict testing requirements in the 1976 Medical Device Amendments to the Food, Drug and Cosmetic Act. Devices such as the lens are considered investigational and are not subject to the Food and Drug Administration's whole pre-market approval process. Experts believe that most suits will regard such investigational devices, which account for 20% of the medical devices on the market.

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Supreme Court is asked to ban credit card fees; Barbara Smiley's $15 late fee could snowball into banks' $2B headache

Article Abstract:

Cases alleging credit card fraud are being litigated across the US. Plaintiffs' lawyers claim that the financial services industry is being taken to account for practices that since the deregulation of the 1980s, have led consumer debt to skyrocket. Kathleen E. Keest of the National Consumer Law Center claims that the industry is exploiting the poor and functionally illiterate population by putting complex charges on loans. Banking industry lawyers counter that their clients have become the new targets after Congress decided to limit shareholder suits.

Financial services industry, Financial services, Credit cards

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Medical device makers' liability shield is dented; pre-emption ruling will also affect suits over other regulated products

Article Abstract:

The US Supreme Court ruling in Medtronic, Inc. v. Lohr stepped aside from more than 20 prior such federal rulings which had barred such claims due to preemption by athe Medical Device Amendments Act of 1976. The judges allowed a trial court to decide Medtronic's liability to a young woman who alleged that she was injured by a faulty pacemaker and had to undergo surgery as a result. Medtronic's impact is expected to reach beyond medical devices to all laws aiming to protect health and safety.

Pacemaker, Artificial (Heart), Pacemakers

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