Scotus gives Bush another victory; no more lawsuits for those injured by "Medical Devices"

[dajoki]

Justices Shield Medical Devices From Lawsuits
By LINDA GREENHOUSE
Published: February 21, 2008
http://www.nytimes.com/2008/02/21/washington/21device.html?_r=1&th&emc=th&oref=slogin

WASHINGTON — Makers of medical devices like implantable defibrillators or breast implants are immune from liability for personal injuries as long as the Food and Drug Administration approved the device before it was marketed and it meets the agency’s specifications, the Supreme Court ruled on Wednesday.

The 8-to-1 decision was a victory for the Bush administration, which for years has sought broad authority to pre-empt tougher state regulation.

In 2004, the administration reversed longstanding federal policy and began arguing that “premarket approval” of a new medical device by the F.D.A. overrides most claims for damages under state law. Because federal law makes no provision for damage suits against device makers, injured patients have turned to state law and have won substantial awards.

The Bush administration will continue its push for pre-emption in another F.D.A. case that the court has accepted for its next term, on whether the agency’s approval of a drug, as opposed to a device, pre-empts personal injury suits. Drugs and medical devices are regulated under separate laws.

The case before the court concerned only medical devices that had gone through the premarket approval process specified by the Medical Device Amendments of 1976. Most devices now available reached the market through a different process, under which the F.D.A. found them to be “substantially equivalent” to those marketed before the 1976 law took effect.

[billyoc]

1. We need a Democratic super majority this year, just pack the court

with about 27 fucking justices, 30 years old each. :grr:

[lonestarnot]

2. Yes we should! 21 will work for me!

Give the fuckers already sitting some heartburn!

[dajoki]

5. Like FDR tried n/t

[TechBear_Seattle]

8. Assuming they would pack the court with progressives and not pro-corporatist neo-cons

When I look at the corporations who have bought the Presidential and Congressional elections for decades, I despair.

[fasttense]

3. Next up, the dancing supremes rule that corporations may torture

all plaintiffs against them in order to obtain evidence. Water-boarding and electrocution are recommended by Scalia, while Roberts prefers the rack that was established by Jesuits in during the Catholic Inquisition.

[trusty elf]

4. SCROTUS

"Supreme Court Republicans of the United States"

[dajoki]

6. SCROTUM...

"Supreme Court Republicans or the Unsung Masturbaters"

[spanone]

7. is that because the FDA is infallible??? guess so