What is Congress doing to stop this disastrous idea?
In regard to medical devices, a Medical Device Safety Act was introduced into Congress in June 2008, in part as a result of a February U.S. Supreme Court decision supporting preemption in a case involving faulty medical devices that caused widespread injury. Although the 2008 bill did not even get to the floor of Congress, the Medical Device Safety Act of 2009 has been introduced in both houses of the 111th Congress, and sponsors have gained a significant number of co-sponsors and support. The language of the proposed 2009 law amends the Federal Food, Drug and Cosmetic Act to bar preemption of state law, and makes the “no preemption” provision retroactively a part of the Medical Device Amendments of 1976.
