Engineering and the law. Public policy and the preemption of state tort claims against medical device manufacturers

As the settlement of breast implant cases illustrate, the dynamics of the tort system are such that safe products can still be driven from the market by emotional pleas to juries. Given the importance of medical devices in modern medicine, it is critical that the legal system limit tort claims against medical device manufacturers. While it may ultimately be necessary for Congress to create a statutory compensation system for medical device injuries, the best short-term chance for relief of the pre-emption of tort claims is found in the MDA.