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Articles Posted in Medical Device Liability

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Illinois Hip Replacement Product Defect Suit Survives After Statute of Limitations Runs: Re-Evaluation of When Discovered Injury

Chicago’s 7th U.S. Court of Appeals reversed a federal district judge’s ruling that barred the Illinois product liability claim of Lenore Aebischer. In 1997 at age 44, Lenore underwent a hip replacement. But the prosthetic hip manufactured by defendant Stryker Corp. allegedly failed due to structural defects, and Lenore required…

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Attorneys Lobby for Consumer Rights Stripped Away in Riegel v. Medtronic, Inc.

The American Association for Justice (AAJ) is lobbying for the rights of consumers injured by defective medical devices. In Riegel v. Medtronic, Inc. the U.S. Supreme Court ruled that manufacturers of medical products weren’t liable for damages if their device received premarket FDA approval (see 03/01/08 post for more details).…

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US Supreme Court Holds Medical Devices Exempt from Liability in Riegel v. Medtronic

In the case Riegel v. Medtronic, Inc. the U.S. Supreme Court ruled that the manufacturer of the medical device could not be sued under state law when the device causes an injury. What this means for patients is that it is now harder to file an Illinois product liability lawsuit…

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