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Drug and Device Injuries

By Janice G. Inman

People injured by a drug or medical device often sue not only their medical caregivers and the hospitals where the devices were implanted, but also the drug or device's manufacturers. Smart move, but there may be other avenues for recovery that should be explored. There are many players in the process that brings a drug or device to the market, and it may prove valuable to question whether any of these had a role in causing the claimant's injury and whether they can be reached for recovery.

One such contributor to the process that leads to the marketing of a medical device ' a medical device testing service hired by the manufacturer ' is now fighting a suit against it for alleged fraud and negligence that may have led to the injuries suffered by a woman who underwent surgery for a back problem. Wawrzyneck v. Statprobe Inc., Slip Copy, 2007 WL 3146792 (E.D.Pa., 10/25/07). Although the testing service moved for summary judgment of the suit based on a number of theories, the case has been allowed to go forward. The reasoning of the U.S. District Court for the Eastern District of Pennsylvania in denying summary judgment in this case is instructive on the issues of a plaintiff's duty to timely discover which parties may be liable and whether federal preemption should apply.

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