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Federal judge failed to recuse himself in medical device lawsuit

by WebMaster
February 20, 2009
in Legal
0

Federal judge accused of failing to recuse himself from Medtronic case by lawyers.

Dallas, TX (AmericanInjuryNews.com)–Newsday reported on Friday, Medtronic Inc., the world’s largest medical device company based in Minneapolis, Minnesota, defended the judge who dismissed thousands of lawsuits against the company. United States District Court Judge Richard Kyle dismissed thousands of lawsuits filed by the lawyers representing patients who received Medtronic’s Sprint Fidelis defibrillators. The dismissed lawsuits allege the medical device company’s wires, used to connect the defibrillator to the cardiac patient’s heart, caused several deaths because they were faulty and broke.

Thousands of legal actions were filed in court after Medtronics recalled the products and pulled the potentially fatal devices off the market citing several patient deaths may have occurred because of the faulty, broken wires. Lawyers for thousands of patients claiming injury and negligence because of Medtronic’s faulty medical device claim Judge Kyle failed to disclose his son worked for a law firm who represented the medical device manufacturer.

The Judge claims his son is an attorney for the law firm and represents clients charged with criminal offenses, and his area of legal expertise would not involve Medtronic. On January 6, 2009, the federal judge ruled Medtronic was shielded from patient lawsuits involving the Sprint Fidelis faulty wiring leads because the product was found to be safe and effective by the U.S. Food and Drug Administration (FDA) www.fda.gov. The Supreme Court recently ruled state court cases are pre-empted by federal regulatory decisions which aided Kyle in his judicial ruling.

AmericanInjuryNews.com by Dallas Injury Lawyer Brian A. Eberstein
Practice areas: Product Liability Court Cases
Brian Eberstein. Eberstein & Witherite, LLP. 3100 Monticello Avenue, Suite 500. Dallas, TX 75205 – Toll Free: (888) 407-6669 News Source: http://www.americaninjurynews.com – Press Release Distribution

Tags: Broken WiresCardiac PatientCriminal OffensesDallas Injury LawyerDistrict Court JudgeFaulty WiringFood And Drug Administration FdaFood and Drug Administration;Legal ExpertiseMedical Device CompanyMedical Device ManufacturerMedtronicMedtronic IncMinneapolis MinnesotaNewsdayPatient DeathsRegulatory DecisionsRichard KyleStates District CourtUnited States District
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