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Full articles and links
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Woman testifies on Capitol Hill over Medtronic device
A Medtronic defibrillator fails, shocking a Pennsylvania woman more
than two dozen times. But even though she wanted to sue the Fridley
company, she couldnt.
Thirty-four-year-old Bridget Robb was allegedly shocked 31 times in 13
minutes by the Medtronic device.
"It felt as if a cannon was repeatedly being shot at my chest at close
range," said Robb.
When she got to the hospital, she learned the device in her chest had
been voluntarily recalled two months earlier.
Robb said the Minnesota-based company is responsible, but because she
was unable to sue them, she traveled to Capitol Hill.
Robb and others testified before a congressional judiciary committee
about various faulty medical devices Wednesday. They hoped to convince
Congress to reverse a Supreme Court ruling that prevents people from
suing the manufacturers of medical devices if the FDA approved of
them.
The U.S. Chamber of Commerce argued against reversing the ruling,
saying it would make it more difficult for companies to provide health
insurance.
Medtronic said it sent certified letters to all patients who received
the recalled device and their doctors.
chomolash@sheller.com - 08 Jul 2008 15:16 GMT
> News from Ilena Rosenthal, Health Lover:http://breastimplantawareness.blogspot.com
> Full articles and links
[quoted text clipped - 31 lines]
> Medtronic said it sent certified letters to all patients who received
> the recalled device and their doctors.
As Ms. Robb's attorney, I am happy to answer any questions people may
have regarding Sprint Fidelis leads manufactured by Medtronic and the
potential, harmful effects of these defective medical devices.
Myself, with the help of Bridget Robb, are committed to affecting
change so that people in similar situations are protected. During the
Senate Judiciary hearing at which Ms. Robb testified, Senator
Whitehouse speaks of the importance of the American jury system and
how federal preemption is taking away people's fundamental right to a
trial by jury, a right our founding fathers thought was the greatest
of all. He also speaks of "regulatory capture," which is when an
agency (here the FDA) gets taken over by the agencies it was meant to
regulate (medical device and pharmaceutical companies). Today,
special interest groups are focusing all their energy on agencies like
the FDA that enjoy preemptive authority. My job, as a plaintiff
lawyer, is to fight for people's common law rights and right to a
trial by jury, so that injured individuals like Bridget Robb have
legal recourse.
Claudine Q. Homolash, Esq.
Sheller, P.C.
(215) 790-7300
http://massotortlawblog.blogspot.com/
chomolash@sheller.com - 08 Jul 2008 15:47 GMT
This title of your blog is misleading. Ms. Robb is not precluded from
taking legal action. This is inaccurate. Instead, because of the
Supreme Court's recent decision in Riegel v. Medtronic, Ms. Robb's
case has a chance of being dismissed because of a legal theory called
federal preemption.
Claudine Q. Homolash
Bridget Robb's Lawyer
(215) 790-7300