Re: Tr: Bush administration uses bureaucracy to limit lawsuits/ Dennis Quaid tes

[Guest guest]

Dennis Quaid was, testifying about what happened to his twin babies in

the hospital being given medication overdoses. He was using his

" celebrity " to call attention to other " similarly situated " people who

are not movie stars and have a catastrophic situation happen in a

hospital or other setting.

Your question is complex. Each product in the distribution chain that

reaches people has to have directions, warning labels, and among other

things, have people in positions as " learned intermediaries " like

pharmacists or other doctors, who know or should know how to use a

product. Consumers don't use IV meds, like hospital personnel do, so

they are supposed to operate under a professional standard of care.

The maker of the product, may have to get it approved, by, FDA, or

other regulatory agency, and it is supposed to be labeled in such a

way that the directions can be followed. This is for even shampoo.

You don't put it in your mouth. You don't use the whole pint. You

don't paint your wall with it. It has a purpose.

You have directions that your are supposed to follow. It may be that

the bottles should have had better labeling. It may be that the vials

should have been color coded for adults or infants. The specifics of

each case may require an expert to help the court understand what went

wrong to cause the injury. The court will decide if an expert is

qualified.

The point is, many cases can be brought in state court, under state

law. It could be a tort theory or consumer protection, or contract

theory and many can be used in combination. It depends on the case.

If there is pre-emption by the federal govt., people will be more

limited in their avenues of recovery. The article by Vladeck

from town Law explains what it means. Hope this is helpful.

It is very complex. It is important to learn all you can to know what

is going on.

Justice is a tricky thing. It is not cheap or easy. Justice might

take the form of better medical treatment, and not money.

I would settle for my pre-mold exposure health.

not legal advice***

> >

> > A couple of weeks back I sent an article by town Law Professor

> Vladeck. This is what Dennis Quaid was testifying about.

> Federal preemption would preclude or prevent anyone from suing in state

> court for damages from a company.

>