Medtronic Lawsuit Lawyer
Son of Judge in Medtronic Case Had Ties to Medtronic
It was revealed today that the federal judge who threw out hundreds of product liability cases against Medtronic Inc. failed to disclose that his son’s law firm has previously done work for the company. Judge Richard H. Kyle said that he didn’t feel the matter was relevant to the Medtronic case, according to the Wall Street Journal.
Richard H. Kyle Jr, is a partner with Fredrikson & Byron, which has represented Medtronic in past cases. The firm is not working with Medtronic on the current liability litigation, but legal experts say the disclosure could allow for the cases to be reinstated.
Medtronic is alleged to have manufactured faulty Sprint Fidelis defibrillators, designed to regulate the heartbeats of cardiac patients. The company suspended sales of the product in 2007, after doctors found that wiring leads on the device were fracturing, leading to malfunctions and the deaths of at least five patients.
Some patients implanted with the Sprint Fidelis device received unnecessary shocks, while others went into cardiac arrest when the device failed to function. The company has since admitted that the deaths might have been caused by the fractured wiring.
Last month’s decision dismissed the consolidated cases against Medtronic, citing a previous Supreme Court ruling in which federal regulation of medical devices supersedes similar state laws. Because the United States Food and Drug Administration had previously approved the defibrillator device, Kyle found that Medtronic was not liable for injuries resulting from the malfunction.
In his decision, Kyle wrote that it was up to federal lawmakers to enact legislative changes which would allow such suits to move forward. Congress is expected to take up such legislation later this year.
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