In a Shift, Bush Moves to Block Medical Suits

[mumon]

http://www.nytimes.com/2004/07/25/politics/25DRUG.html?hp

This is unbelievable hubris: the FDA, controlled by drug companies make rules that suit their industry, get their unsafe products approved, and now the Putsch junta says you can't sue 'em!

Bastards!


The administration contends that consumers cannot recover damages for such injuries if the products have been approved by the Food and Drug Administration. In court papers, the Justice Department acknowledges that this position reflects a "change in governmental policy," and it has persuaded some judges to accept its arguments, most recently scoring a victory in the federal appeals court in Philadelphia.

Allowing consumers to sue manufacturers would "undermine public health" and interfere with federal regulation of drugs and devices, by encouraging "lay judges and juries to second-guess" experts at the F.D.A., the government said in siding with the maker of a heart pump sued by the widow of a Pennsylvania man. Moreover, it said, if such lawsuits succeed, some good products may be removed from the market, depriving patients of beneficial treatments....

In the Pennsylvania ruling, issued Tuesday, the appeals court threw out a lawsuit filed by Barbara E. Horn, who said her husband had died because of defects in the design and manufacture of his heart pump. The Bush administration argued that federal law barred such claims because the device had been produced according to federal specifications. In its briefs, the administration conceded that "the views stated here differ from the views that the government advanced in 1997," in the United States Supreme Court.

At that time, the government said that F.D.A. approval of a medical device set the minimum standard, and that states could provide "additional protection to consumers." Now the Bush administration argues that the agency's approval of a device "sets a ceiling as well as a floor."






Think about this folks: if they make a "medicine" that kills people, you can't sue 'em.

Tell everyone about this! If this junta did nothing else but this they wouldn't merit anyone's vote.

But this, after everything else, truly shows the evil of this junta.

[olddem43]

1. Yes, we need more good drugs like Thalidomide

[ayeshahaqqiqa]

2. Make sure every senior citizen you know

knows about this....also anyone who has to take a lot of medication. This is important news that they need to know.

[BlueCollar]

3. interesting...

"...federal law barred such claims because the device had been produced according to federal specifications..."

so when bad meat hits the supermarkets you won't be able to sue the producer because, the meat "federal specifications"...

very chilling message

[iamjoy]

4. Where Is John Edwards?

this could extend to all products, which would be really scary. Although sometimes I think we are far too eager to sue, I also think that sometimes corporations (and our government) do not pay enough attention to safety. I think sometimes they believe it is not worth the increased costs to improve products (even where human lives are involved). With reduced government oversight and protection from civil litigation, companies will have even less incentive to ensure the safety of their products.

[Deja Q]

5. Sweet Jesus, this is beyond insipid. Did God tell * to do this?

This 'administration' is utterly corrupt and is truly disgusing in its inhuman actions.

Did God tell * to do this?

* a Christian? No. He is the ANTI-CHRIST and this action adds to 5,000 other actions that proves he's not what he says.

I'm now doing holistic medicine. Insurance won't cover it, but at least I can trust ground up herbs more than I can FDA-approved chicanery.

[koopie57]

6. In their arrogance

they forget that one day they or their loved ones might need some of these medications. If these drugs are unsafe they are at as much risk as anyone else. Just like the senators who have experienced loosing their sons to suicide and now realize the need for more care for the mentally in need, and reagan who learned to understand the need for more research in Alzheimer's and other diseases -- one day this might come back to bite them in their ass or the ass of one of their loved ones.

[rooboy]

7. You make one mistake in your analysis...

People like Bush, Cheney, Rumsfeld, DeLay, Hastert, Frist et al don't have 'loved ones'. They don't love anybody.

[koopie57]

8. *hangs head*

you are right....

[Moderator]

9. Duplicate, please discuss here

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=706683