medical devices

The New York Times reports on plaintiffs who are frustrated with a proposed $2.5 billion settlement for an estimated 8,000 lawsuits involving the all-metal hip device known as the Articular Surface Replacement or A.S.R., including that lawyers are set to receive one-third of the settlement, or $800 million.

While the U.S. Supreme Court has ruled FDA approval of medical devices preempts tort lawsuits over medical-device injuries, plaintiff "Arizonan Richard Stengel says federal law regulating medical devices does not trump his claims under state law because Medtronic Inc failed to alert the U.S. Food and Drug Administration to known risks associated with the pain medication pump and catheter that was implanted in his abdomen," Reuters reports. The high court has asked for input from President Obama's administration before making a decision on granting certiorari on hearing the appeal.