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Wayne Parsons
Wayne Parsons
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Medical Device Safety Act would allow state suits, but some lawmakers oppose it.

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The Greenville News (5/24, Osby) reported that the "Medical Device Safety Act of 2009… would reverse the high court’s decision" and would allow patients to sue Medtronic under state law. Don Fernbach, who was one of the patient’s shocked by a defective lead said, "As long as victims of defective medical devices can’t sue…these companies have no impetus to do the right thing." However, "U.S. Rep. Bob Inglis, R-S.C., said manufacturers should take reasonable steps so their products are safe, but shouldn’t have to be ‘guarantors’ of good outcomes, or product development would be suppressed." Inglis "added that while accountability through litigation is the best argument for the bill, FDA has a ‘rigorous’ system for approving devices, and it would drive up costs." In addition, "U.S. Sen. Jim DeMint opposes the bill for the same reasons."