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New Congressional Legislation Seeks to Stem The Flood of Unsafe Medical Devices Making it to Market

The Medical Device Safety Act could have a profound change upon the way medical device manufacturers do business and the legal liability they are exposed to

Friday, October 26, 2018 - The Medical Device Safety Act has been proposed in direct response to the shortcomings of the FDA exposed in the film "The Bleeding Edge." The film interviews Dr. David Kessler, a former chairman of the FDA, amongst others, who claim that unsafe medical devices are being rushed to market via the FDA's 501 (k) fast-track program. Dr. Kessler states that the 501 provision was designed to get exceptional medical devices that could save lives to market quickly as long as it could be shown that the device was substantially the same as another device already on the market. The tables turned, however, when a flood of medical devices, too many for the FDA to test individually applied to the FDA for approval. Kessler states the fast-track provision was designed to be an exception but is now the rule. As many as 98% of all medical devices allude FDA scrutiny by taking the 501 (k) fast-track approach and make their way to the consumer. In addition, a medical device rushed to market can still qualify for Class III status insulating the device's manufacturer from legal liability (punitive damages) should the device be proven to cause injury or death. According to www.medtruth.com, "The Medical Device Safety Act aids victims of Essure and allows them to seek legal recourse and ensures medical device manufacturers are incentivized to maintain the safest and most effective products for all patients."

The Medical Device Safety Act was introduced by US Congressman Brian Fitzpatrick as an amendment to the Federal Food, Drug, and Cosmetic Act. The new law will apply retroactively to those who suffer from the Essure birth control device and have filed lawsuits against Bayer. According to www.govtrack.us, "(H.R. 2164: Medical Device Safety Act) amends the Federal Food, Drug, and Cosmetic Act to declare that an action for damages or a person's liability under state law is not affected by the federal prohibition on state or local requirements regarding medical devices. This bill is retroactively effective and applies to pending civil actions." National Essure attorneys representing patients harmed by Essure birth control device are available for a free consultation.

Congress women Rosa DeLauro (CT-03) and Louise Slaughter (NY-25), co-sponsors of the MDSA, address the tens of thousands of Essure victims as well as the tens of thousands more that are sure to come forward with their Essure complaints by saying, "The U.S. has a systemic problem with medical device oversight and unfortunately the Food and Drug Administration is not doing its job as a regulatory agency. Faulty medical devices, such as St. Jude defibrillators, Essure contraception, and power morcellators have had tragic and life-changing effects on the lives of American families across the country. Congress should step up and pass both the Medical Device Safety Act and the Medical Device Guardians Act to give patients more resources needed to ensure their health and safety."

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OnderLaw, LLC is a St. Louis personal injury law firm handling serious injury and death claims across the country. Its mission is the pursuit of justice, no matter how complex the case or strenuous the effort. OnderLaw has represented clients throughout the United States in pharmaceutical and medical device litigation such as Pradaxa, Lexapro and Yasmin/Yaz, where the firm's attorneys held significant leadership roles in the litigation, as well as Actos, DePuy, Risperdal and others, and other law firms throughout the nation often seek its experience and expertise on complex litigation.