Howard, I agree with much of what you post.
However, I take issue with the characterization that the problem is in finding “a law firm that has the ability and desire to tackle this huge issue.”
Law firms would love to take on Smith Nephew for your problem, if the status of the laws and FDA regulations were otherwise. The US Supreme Court, in RIEGEL v. MEDTRONIC, INC. has had the last word on this issue.
So what you really should be pushing for is “the victims of the BHR device band together and find” legislators that have “the ability and desire to tackle this huge issue.”
Lawyers are not dodging this job. It is not a job lawyers can accomplish.
Rather, the job that now needs to be done is legislative, given the Supreme Court’s holding in Riegel. We need a change in the law and that will require congressional action and changes to FDA regulations.