Saturday, August 16, 2008

COMING OUT AGAINST PREEMPTION

See the attached article from Pharmalot.
The Right To Sue: A Case Against Preemption

As we approach the end of the year we see some very strong language from some very learned folks. The issue of preemption and the corporate stance is exposed to the light of common sense.

For example:
From The New England Journal of Medicine, 359:1, July 3, 2008

"Previous administrations and the FDA considered tort litigation to be an important part of an overall regulatory framework for drugs and devices; product-liability litigation by consumers was believed to complement the FDA's regulatory actions and enhance patient safety...
In stripping patients of their right to seek redress through due process of law, preemption of common-law tort actions is not only unjust but will also result in the reduced safety of drugs and medical devices for the American people."

1 comment:

laura said...

This is a case that everyone should be aware of and concerned about...preemption is already a reality for victims of misrepresented medical devices, it might soon be a reality for anyone who has been prescribed a drug Imagine if you or a loved one were harmed or killed by a drug or medical device that you are fully aware has been fraudulently approved or marketed and being left with absolutely no legal recourse. From personal experience, I can tell you that the sense of injustice you are left with is overwhelming. We all need to work to let our leaders know that this is unacceptable.