Legal & Jurisdictional Issues with Hip Recall Claims
An understanding of Michigan’s unusual and challenging law governing medical device liability claims is necessary to appreciate the litigation landscape upon which your potential claim will proceed. Michigan is the only state in the nation with a law that shields medical device manufacturers (and pharmaceutical companies) from liability if the device was approved by the Food and Drug Administration (FDA). This law is commonly referred to as the “FDA Immunity” legislation.
Plaintiffs can win damages in Michigan courts only if they prove that the manufacturer withheld or misrepresented information about their product that would cause the FDA to deny or withdraw its approval. In short, Michigan law favors these companies by requiring a virtually impossible standard of proof for plaintiffs. Unfortunately, we must assume that the law will remain unchanged during this litigation.
In short, we believe that Michigan plaintiffs should work to file claims outside of Michigan, but even this strategy does not guarantee compensation of viable claims given the potential application of Michigan law in state or federal courts outside our state.
If you or a loved one believes you have a recalled hip product or have suffered injuries from one, contact us as soon as possible.
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