Immunity for Drug Companies?

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----- Forwarded Message ----From: Jill Burke <ActionNetwork@...>Immunity for Drug Companies?

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In May, a court in New Jersey overturned a jury’s verdict against Merck & Co., the makers of the withdrawn painkiller Vioxx, leaving victims of that harmful drug without justice.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Vioxx was withdrawn from the market after a study showed the drug increased the risk of heart attack and stroke.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

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