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Post by dr snootch on Jul 27, 2004 16:53:07 GMT -5
Washington - The Bush administration has been going to court to block lawsuits by consumers who say they have been injured by prescription drugs and medical devices.
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.
This is unfuckingbelievable. I can't believe this isn't all over the news. There is no way that the President can block an American citizen's right to sue for faulty or negligent products or services. This is so far over the line, even I can't believe it.
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Post by outgirl on Jul 28, 2004 0:20:13 GMT -5
I just wish that this shocked me even a little. It is just another example of how this administrations ties to big business influences policy
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Post by RS Davis on Jul 30, 2004 9:45:12 GMT -5
Why sue the pharmeceutical companies when it is the FDA who assured them the drug they were taking was safe? The existence of the FDA takes the responsability for ensuring safe drugs away from the companies and to the government, so it would seem a far better idea to sue them for any mishaps. But of course, the government has immunity for such things. How nice it must be to be above the law...
- Rick
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Post by outgirl on Jul 31, 2004 3:12:51 GMT -5
Why sue the pharmeceutical companies when it is the FDA who assured them the drug they were taking was safe? The existence of the FDA takes the responsability for ensuring safe drugs away from the companies and to the government, so it would seem a far better idea to sue them for any mishaps. But of course, the government has immunity for such things. How nice it must be to be above the law... - Rick Well this isn't just about drugs, it's also about medical equipment like balloon pumps which are safe, however that doesn't mean that the manufacturers can't make a shoddy one causing someone harm or in the case of a balloon pump...death. Just because the FDA approves it's use should not release the manufacture from his responsibility to make products that are up to par. Just as a car can be a lemon, so can any other piece of equipment.
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Post by RS Davis on Jul 31, 2004 10:12:12 GMT -5
Well this isn't just about drugs, it's also about medical equipment like balloon pumps which are safe, however that doesn't mean that the manufacturers can't make a shoddy one causing someone harm or in the case of a balloon pump...death. Just because the FDA approves it's use should not release the manufacture from his responsibility to make products that are up to par. Just as a car can be a lemon, so can any other piece of equipment. That's true, and I was speaking more in general than in this context. I find it horribthey are trying to do that. I was really making a related point, rather than responding to the story. The kind of stuff I mean is like the whole FENFEN thing.... - Rick
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