Wisconsin Court Rules In Favor of Medtronic In Product Liability Case

The Wisconsin Supreme Court, following a U.S. Supreme Court decision, has ruled patients cannot sue the maker of a potentially unsafe medical device approved for sale by the FDA.

A suit was brought against Minneapolis-based Medtronic, Inc. by a man who had his defibrillator surgically removed after the company warned its battery could fail. The defibrillator was implanted in 2004 to try to prevent his heart from stopping.

The next year, Medtronic warned the devices’ batteries might fail in 1 out of 10,000 patients. The company knew of the problem more than two years earlier but kept selling the defective defibrillator, according to the Minneapolis Star Tribune. The FDA did not order a recall nor did it withdraw its 2002 approval.

The Wisconsin decision was not unanimous. Two of the justices warned, “the decision leaves Wisconsin residents at the mercy of the U.S. Food and Drug Administration, which has a poor track record of ensuring the safety of medical devices.”

At Munley, Munley, & Cartwright we believe injured patients should have the right to their day in court for a defective medical device. If you or anyone you know has been injured due to a faulty medical device, call our offices 800-318-LAW1 for a free legal consultation regarding your legal concerns or use our online contact form.