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.
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."