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Supreme Caveat: FDA Approval

FDA approval is a ticket to market medical devices and drugs. It could soon also become a kind of "get-out-of-jail free" card for their makers, freeing them from liability for producing defective or unsafe products.

The U.S. Supreme Court ruled last week that consumers cannot sue the makers of faulty medical devices if those products have been approved by the Food and Drug Administration. In another case argued last week, the court seems poised to extend similar protections to the makers of unsafe drugs.