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Defective drugs and medical devices laws often change

Many Tennessee residents use prescription drugs or other procedures that include insertion of various devices that are meant to help improve their health conditions. Although it's impossible to predict a particular outcome, and whether a specific drug or device will help solve a particular problem, patients assume their doctors have their best interests at heart and are acting accordingly. All too often, however, defective drugs and medical devices wreak havoc across the nation when patients suffer severe injuries (or even death) in situations that may have been prevented.

The question is: Who is responsible when a patient suffers injury due to a defect in a drug or medical device? The answer is not always immediately apparent, and the laws governing such matters often change. For instance, the House of Representatives was recently scheduled to vote on a new prospective deal between the Food and Drug Administration and the medical device industry.

In the past, device manufacturers have had to report product malfunctions with potential to cause injury to those who use them within 30 days. The new deal would permit a significant delay in required reporting times. If the new deal is approved, they would only have to report such findings every three months.

Some people are very upset about that idea, especially because the FDA has already acknowledged that medical device accidents are already under-reported. Regardless how the House votes on the current issue, any Tennessee resident who believes defective drugs and medical devices have resulted in their injuries can take matters into their own hands by filing personal injury claims in court. Doing so in the least stressful way possible often helps to allow an experienced attorney to act on one's behalf.

Source: The New York Times, "F.D.A. Deal Would Relax Rules on Reporting Medical Device Problems", Sheila Kaplan, July 11, 2017

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