Guest guest Posted June 10, 2008 Report Share Posted June 10, 2008 > " Betty " Martini, D.Hum. " " <Bettym19 >Tue, 10 Jun 2008 10:18:30 -0700 >Immunity for Drug Companies? >MailID: KIN1747450171.EML >JobID: 20071519 >X-MailingID: 20071519::1747450171:::::::: > " Jill Burke " <ActionNetwork ><ActionNetwork >X-ELNK-Received-Info: spv=0; > > > > > >Vioxx Reversal Illustrates the Danger of Immunity for Drug Companies >June 10, 2008 > >Recently the Supreme Court held that any medical >device approved by the Food and Drug >Administration was immune from lawsuits no >matter how badly the product injured the >consumer. The Court will soon be hearing a >similar case in which the drug companies are >also seeking immunity for their products. > >In May, a court in New Jersey overturned a >jury’s verdict against Merck & Co., the makers >of the withdrawn painkiller Vioxx, leaving >victims of that harmful drug without justice. >Like the Supreme Court, the New Jersey court >strangely found that FDA approval, no matter how >flawed, gave the manufacturer immunity. Results >such as this show how harmful this immunity >(based on what’s often called ‘federal >preemption’) is to victims who are harmed by >negligent drug and device manufacturers. > >Vioxx was withdrawn from the market after a >study showed the drug increased the risk of >heart attack and stroke. Merck ignored >persistent warnings from its own researchers >that Vioxx presented unnecessary dangers to its >users yet delayed placing a warning label on the >drug because executives calculated the wait >would earn the company an extra $229 million. In >testimony before the U.S. Congress, an FDA >official said that Vioxx was responsible for as many as 55,000 deaths. > >Even with all that, by finding “federal >preemption†the court was able to ignore the >verdict of a jury which, unlike the Supreme >Court, heard all the evidence first >hand. Complete immunity results in even less >incentive for corporations to ensure the safety >of their products, because they know they only >need to meet the minimum federal safety requirements. > >The Senate is planning to hold a hearing in the >Judiciary committee on Wednesday, June 11th at >11:00 am, which will examine the Supreme >Court’s recent penchant for placing the >interests of big business over consumers. Among >those testifying will be Bridget Robb who was >violently shocked by her malfunctioning >Medtronic Internal Cardiac Defibrillator (ICD) >and cannot hold the manufacturer accountable in a court of law. > >Members of Congress in both the House and Senate >will be introducing legislation to correct the >Supreme Court’s decision. As soon as that >happens, we will let you know so that you may contact your elected officials. > >STAY TUNED! > >Jill Burke >People Over Profits Campaign > > > > ><http://www.kintera.org/TR.asp?a=llLZLdMULmK1LlI & s=huIUL3POLhKXL9OLIrF & m=9nJzHJ\ PlHaJSF>Remove >yourself from this mailing. > ><http://www.kintera.org/TR.asp?a=eeJLISNsFfJOJ1K & s=huIUL3POLhKXL9OLIrF & m=9nJzHJ\ PlHaJSF>Modify >your profile. Quote Link to comment Share on other sites More sharing options...
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