AdvaMed Medical Device Mass Tort TV Ad Trend – Q4 2024

AdvaMed, the world’s leading medtech trade association, communicated to Centers for Medicaid & Medicare Services (CMS) recommendations regarding administration of the Open Payments program.

AdvaMed, the Medtech Association, asked the United States Court of Appeals to support a fair and balanced approach to patent damages.

The AdvaMed Code of Ethics on Interactions with Health Care Professionals in China – the “AdvaMed China Code” or “Code” – serves as a foundational charter for medical technology companies’ compliance programs and encourages the companies to adopt best practices in the ethics unique to their industry.  

In a decisive victory for medtech innovation, the D.C. Circuit Court of Appeals earlier this month held that the Digital Millennium Copyright Act (DMCA) regulations are judicially reviewable. Under this ruling, the Library of Congress must rein in rulemaking that inadvertently could jeopardize patient safety and give away intellectual property by helping unregulated, third-party repair companies hack into highly complex, lifesaving medical devices. Instead, this decision ensures that exemptions to the DMCA anticircumvention provision are subject to the bedrock principle of judicial review. 

Today, The Advanced Medical Technology Association (AdvaMed) commended the U.S. Court of Appeals for the District of Columbia Circuit’s decision in the case Medical Imaging & Technology Alliance and Advanced Medical Technology Association v. Library of Congress and Carla Hayden (Case No. 23-5067), which ruled favorably in AdvaMed’s lawsuit to prevent unauthorized and unregulated repair companies from hacking into life-saving medical devices.

The Supreme Court will soon address the fate of agency deference—an issue presented in Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo—in a ruling expected to have far-reaching effects on how federal agencies regulate medtech and many other industries and how the industries interact with lawmakers, agencies, and the courts.

Third party litigation funding has become widespread in the civil justice system. The growing use of TPLF to generate mass tort litigation, particularly against manufacturers of medical technology, misuses the civil justice system, adversely affects public health, chills innovation, and harms patients.

Although the individual claims may differ, a review of recent products liability claims levied against industries targeted by the plaintiffs trial bar reveals common threads. For example, the drivers of litigation are the same regardless of the industry, such as, government action, studies (whether legitimate or not) implicating products, and areas of advanced innovation with new regulatory safeguards.