Lawsuits seem to be everywhere these days. Medical devices are not immune from this. Although there was a Supreme Court ruling a few years back that may have limited the ability to file a lawsuit based on a defective medical device.
Do these lawsuits or the legal system impede innovation?
The airwaves seem to be ripe with lawyers looking for clients.
- Transvaginal Mesh – Medical Device
- Benzene and Leukemia Lawsuits – Toxic Substances
- Morcellator – Medical Device
The list goes on.
I think that very little gets in the way of innovation. My experience with researchers is that they love doing what they do, they love the research, the search for a solution, the possibility of making a difference. Here’s a study that appears to advance the idea that lawsuits may actually advance research.
The legal impediment only comes in when the discovery starts to be commercialized. It’s at that point that legal concerns may crop up. Even then though large companies build into their marketing plan the risk associated with the device or drug failing.