[lbo-talk] Big pharma moves to shut the court house door

John Thornton jthorn65 at sbcglobal.net
Fri Apr 4 12:11:42 PDT 2008


Wojtek Sokolowski wrote:
> --- "Steven L. Robinson" <srobin21 at comcast.net> wrote:
>
>
>
>> All three cases turn on the court's developing view
>> of federal preemption of
>> state torts. Specifically, whether or not approval
>> by the Food and Drug
>> Administration immunizes the makers of
>> pharmaceuticals and medical devices
>> from state court damages claims.
>
>
> I tend to think that it is generally a good thing -
> after all, without it Jim Crow would still be on the
> books - even though it looks reprehensible in these
> particular instances. Suing big companies for damages
> is basically Amerikan-style populist individualism
> that rewards a few but screws up many (or at least
> leaves them in the dust.) Stronger and more
> effectively enforced federal regulations instead of
> local legal patchwork and individual litigation would
> not only be far more effective in providing public
> safety, but it would dramatically cut transaction
> costs, such as malpracrice insurance, exorbitant legal
> costs, unnecessary testing, etc.
>
> Wojtek

Just because a tool works well in one instance is no guarantee it will work well in another. What was good for getting rid of Jim Crow isn't necessarily "good" in all instances. Stronger more effective federal regulations would be preferable to nothing but a local legal patchwork but since we don't have that discarding the litigation options leaves us with the worst of both possibilities intact. Make the FDA a truly effective regulatory body free from the corrupting influence of Pharma and the litigation process will still be necessary, only less so. I'll actually trust 12 random persons chosen from the local brew-pub over the hand picked "expert" of Pfizer every fucking time where Pfizer's possible negligence is the issue at hand. I have a personal interest in this as my younger brother died from taking a newly approved pharmaceutical product that was pulled from shelves not long after. The idea that the drug company involved should have immunity because the FDA's new-at-the-time streamlined process for approving drugs failed to protect people is obscene since the new process was put in place at the behest of those pharmaceutical companies. If companies aren't responsible for the negligence caused by their greed then who the hell is? Incidentally we were not involved in the class action lawsuit against the company nor did my family sue independently. They felt to do so would be attempting to profit from his death more than to punish the pharmaceutical company. A position I strongly disagreed with then and now.

John Thornton



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