Eighth Circuit Sets New Date for Oral Argument on Appeal of Federal Case Dismissal

The Eighth Circuit Court of Appeals has notified the parties of a new date for oral argument in plaintiffs’ appeal of the dismissal of complaints against Medtronic for its faulty heart devices. The appeal will now be heard on April 12, 2010, in St. Louis, Missouri. Oral argument had originally been set for January 2010. The state court appeal date has not yet been scheduled. The parties are still briefing their sides of the case.

Critics blast feds' legal shields for manufacturers

On June 29, 2008, the Chicago Tribune published an article recapping Bridget Robb's horrific tale of being shocked 31 times in 13 minutes due to a faulty, Medtronic Sprint Fidelis Lead. The article is one of many discussing how injured people, like Ms. Robb, are many times are precluded from recovering for their injuries due to a legal doctrine called "preemption." In effect, injured individuals are precluded from recovering against a company for defects in a product's design and labeling.

Proponents of preemption argue that manufacturers are not insurers and the FDA always has the option of holding a product from the market. During the June 11, 2008 Senate Judiciary Committee hearing at which Ms. Robb testified, Senator Specter called the FDA a joke and said that it is ludicrous to have preemption by an agency that is dysfunctional.

Before the hearing abruptly came to a halt because of a 2-hour rule invoked by a certain Republican Senator, Senator Whitehouse discussed "Regulatory Capture" -- which is when an agency that purports to be a public agency is taken over by the groups it was meant to regulate. Senator Whitehouse believes that the FDA falls within this definition.

Minnesota News Channel Airs Bridget Robb's Story

In Minnesota, where Medtronic is located, listeners heard the horrific events of Bridget Robb retold before the Senate Judiciary Committee. I can tell you firsthand that Ms. Robb is one of the bravest people I know. Invited to testify before the Senate Judiciary Committee by Senator Leahy, her main goal is to help others and to make sure that the terrible events of the morning of December 31, do not happen to others. During her testimony, Ms. Robb recounted the terror she experienced after being shocked 31 times due to a fractured Sprint Fidelis lead manufactured by Medtronic.

Ms. Robb's story is just one of many stories told where individuals have been severely harmed by dangerous products placed into the stream of commerce by big businesses that are more focused on profits than safety.

If you click on the title above, you will view a clip of Bridget testifying on June 11. We hope to continue this fight in an effort to make serious change. The law, as it stands, is not consumer friendly and flies in the face of people's fundamental rights to have their case heard in court.