In the recent South Carolina Supreme Court decision,Weston v. Kim’s Dollar Store, the Court gave a textual read to the federal statute expressly preempting certain drug and medical device torts. In that case, a young lady bought a pair of color contacts without a prescription from Kim’s Dollar Store and shortly thereafter lost sight in one eye. Blindness from a color contact; can you imagine?
The statute in question is as follows:
“[N]o State or political subdivision of a State may establish or continue with respect to a device intended for human use any requirement—
(1) which is different from, or in addition to, any requirement applicable under this chapter to the device, and
(2) which relates to the safety or effectiveness of the device or to any other matter included in a requirement applicable to the device under this chapter.
The Court basically ruled that the words stand for themselves, that any common law rule of tort that would be different from or would add to the federal drug laws is preempted, and not much further. The application of this rule was sent down to the trial court.
Read the whole opinion below the fold.
If you or someone you know has been injured by a contact lens or any other medical device, you need legal help as you may be entitled to recovery against the product’s manufacturer. Call the product liability attorneys of Reeves, Aiken & Hightower at 877-374-5999 for that legal help. We have the experience to get you the best result in your situation.