The University of Iowa Veterans Association

In a February 2008 report entitled “Prosthetics in the VA: Past, Present, and Future,” the U.S. Naval Institute stated that the seven year war on terror has resulted in 737 soldiers losing limbs, 116 suffering spinal cord injuries, 53 instances of total blindness, and 3,145  traumatic brain injuries.  Most, if not all, of these veterans will benefit from the use of medical devices to increase the ability to perform activities of daily life and overall benefit from a greater quality of life.  Medical devices have become integral to ensuring that veterans have better transitions to civilian life and are better able to contribute to their families, communities, and country. Additionally, as some of our veterans age, these service men and women also become reliant on medical device technology such as implanted defibrillators, pacemakers, and hearing devices.

In February 2008, the United States Supreme Court ruled in Riegel v. Medtronic that because certain medical devices are subject to pre-market approval by the FDA, federal law prevents state law claims that allege negligence on behalf of consumers. This ruling potentially puts soldiers at risk by taking away their right to hold medical device manufacturers accountable for faulty products. Without a legislative solution, any costs attendant to defective devices, including rehab and perhaps long-term care, will have to be paid by the VA without reimbursement through the tort system. Our veterans who served nobly in Iraq and Afghanistan, as well as our Vietnam War, Korean War, and World War II veterans, should not worry that their families or caretakers may be stuck with the tab for the carelessness of device makers.

The following are a few examples of medical devices that, in the case of malfunction, consumers do not have legal recourse to hold the manufacturer accountable:

• Prosthesis
• Pacemakers
• Implantable Cardioverter Defibrillators
• Orthopedic hips and knees
• Ocular Implants
• Cochlear Implants
• Interactive Wound and Burn Dressings
• Spinal Cord Stimulator (Implanted)
• Stair Climbing Wheelchair

As the above list reflects, such devices are very important in the lives of many veterans today. Technology available to veterans today has allowed our service men and women to live much fuller lives than was previously imaginable. Innovation is extremely important – but ensuring device safety is also a concern of many relying on these devices for greater quality of life.

For more information on this issue in Iowa, please contact Michelle Rich at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , or 515-243-2000.