Rep. Frank Pallone says Congress needs to move quickly on a measure to restore the patient’s right to sue medical device manufacturers when they are injured by FDA-approved devices.

Lawmakers last week moved to reverse a US Supreme Court decision that limited the ability of patients to sue medical-device manufacturers. House Democrats unveiled legislation to overturn a 2008 ruling prohibiting patients from suing device makers in state courts when they are injured by FDA-approved products.

According to Rep. Frank Pallone, chairman of the Energy and Commerce subcommittee on health, the legislation "puts safety first and eliminates the blanket immunity that medical-device companies currently enjoy thanks to an unfortunate Supreme Court decision last year."

The Advanced Medical Technology Association, AdvaMed, opposes the measure, saying the FDA, rather than state courts, should determine if a product was too risky. "This bill does not improve patient safety," says AdvaMed President Stephen Ubl. "It will, however, restrict patient access to essential medical technologies, produce a chilling effect on medical innovation, create more lawsuits, and ultimately result in higher health-care costs for all Americans."