My Client’s Chilling 911 Call: Defective Defibrillator Leads to Congressional Testimony
Bridget Robb was at home when her heart defibrillator malfuntioned and shocked her 31 times in 13 minutes. Bridget was my client and got caught in the murky legal landscape of “preemption,” meaning she was not able to sue the manufacturer as the device was FDA approved. Even though it had been recalled shortly before. My pursuit of justice for Bridget was hindered by the U.S. Supreme Court’s preemption ruling.
Bridget and I traveled to Washington where she testified before the Senate Judiciary in support of the 2009 Medical Device Safety Act which has not been enacted and may never be despite her efforts, my lobbying individual senators, and those of many others. While the courts continue to be corporate friendly, we will, and are, finding other means to pursue justice for our clients.
ABC News summary: Bridget Robb, a young mother of one, was shocked 31 times in 13 minutes when the wire connecting her defibrillator to her heart fractured. Medtronic, the device manufacturer, knew about the wire’s propensity to break approximately 3 years before pulling the product off of the market. A recent Supreme Court decision gives device companies a “get out of jail free” card even if their device hurts someone so long as the device is FDA approved. The Medical Device Safety Act of 2009, if passed, will hold manufacturers of these products accountable and allow people to receive just compensation for their injuries.
See the original news report http://www.youtube.com/watch?v=kaN4fIRCPOg
Here is the American Association for Justice coverage: http://www.justice.org/cps/rde/justice/hs.xsl/9010.htm