• Recent Developments In Medical Device Preemption Law
  • June 29, 2005
  • Law Firm: Mayer Brown LLP - Chicago Office
  • A patient is diagnosed with heart disease; a pacemaker is implanted. Years later, she experiences internal bleeding, which she asserts is the result of a malfunction in the device. She has surgery again and a new pacemaker is successfully implanted, but she is incapacitated for several months as a result of having had to undergo a second round of surgery. A classic situation for tort liability?