Not in America, it seems. You can always sue somebody, right?
But Riegel v. Medtronic is creating quite a stir in the legal industry.
Basically, the Supreme Court decided just the other day that those huge medical-device product liability suits cannot proceed if the FDA pre-approved the medical device.
In short, what we're seeing here is that the federal government, via what's commonly called the Interstate Commerce Clause [that's in the Constitution, for those who came in late], can short-circuit state laws and state lawsuits against corporations that do business nationally.
The interesting thing is that the decision was 7-1, Justice Breyer mugwumping and only Justice Ginsburg dissenting, on grounds that states have compelling interests, etc., etc.
Now, I'm a Fred Thompson federalist---power devolved to the states---but it seems that the ICC is totally applicable here, and the best thing is that it's not another chafing, apparently partisan-ideological 5-4 decision.
Even the Supreme Court can largely agree on what the Constitution means every once in awhile. Thank God and may He continue to bless This Here Republic.
Next up: lawsuits on pharmaceuticals---Warner-Lambert v. Kent, and more here. The powerful plaintiff's bar---which at the top levels makes far more money than those grunts who defend corporations---is in quite a tizzy, running out of people to sue.
A fair reading of the constitution beats even "tort reform" anyday.