The House Oversight and Government Reform Committee held a hearing titled “Should FDA Food and Drug Administration Drug and Medical Device Regulation Bar State Liability Claims?”


FDA approval of drugs and high-risk medical devices before they are marketed does not necessarily guarantee safety. Patients harmed by medical products have traditionally sought compensation under state law for damages, such as medical expense incurred, and lost wages. The hearing considered whether FDA regulation of drugs and medical devices should bar injured patients from seeking compensation under state law.