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You get into your car and place your child in the back seat and wrap the seatbelt around your child. You wrap the seatbelt around you child in case you are involved in an accident. Unfortunately you are in an accident and in that moment in time the seatbelt fails, throwing your child through the window and killing him. This seat belt was required by Federal Law and had to meet minimum design standards.

You later discovered that this seat belt had a recall because of a 4% failure rate. You also learn that this seat belt had an earlier recall with a smaller subset of that model of seat belts.

Unfortunately you can not sue because of a Supreme Court ruling for pre-emption protecting the automobile industry from lawsuits. The Supreme Court argued that allowing fifty states to sue would be imposing fifty different requirements on the auto industry.

Sorry you are out of luck.

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“The people killed, shocked, or injured by these medical devices have no place to turn for help.”

Currently, the medical device industry enjoys complete immunity for their class III medical devices, even when the devices are found to be defective and dangerous, and have even been recalled. This immunity was granted to device manufacturers following the Supreme Court’s decision in Riegel v. Medtronic last year. Prior to that decision, lawsuits served as a strong deterrent to the release of dangerous and defective medical devices. ”