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On The American Law Journal:
Recently actor Dennis Quaid--whose twin babies almost died from a heparin overdose--testified before Congress backing the individual's right to sue drugmakers saying that FDA approval shouldn't automatically negate patient lawsuits. "If preemption of lawsuits is allowed to prevail, it will make all of us--the public-uninformed and uncompensated lab rats." With the recent Third Circuit decision preempting Paxil and Zoloft suits and the upcoming Wyeth case to be heard by the U.S. Supreme Court there is no larger issue in the world of torts.
This Sunday at 6:30 p.m. on CN8 The Comcast Network, The American Law Journal addresses "Preempting Pharmaceutical Lawsuits--Are Consumers Getting Squeezed?"
Taped at the Union League in Philadelphia attorney host Christopher Naughton welcomes attorneys Stephen Sheller of Sheller P.C., Will Sachse of Dechert and former Court of Common Pleas Judge Hon. Gene Cohen. The panel also addresses the allegation that the Bush administration has found a circuitous way to effectuate tort reform in product liability matters.
"It's blanket immunity," says Sheller. "Baxter (manufacturer of heparin) left a dangerous product on the market knowing that it's a problem, knowing that it should have been recalled. But they say 'we are able to do this because the FDA approved the original label.' This [movement towards preemption] is making it so difficult to bring a lawsuit-the deck has been stacked--and the American consumer is getting stuck with the bill. And it's getting worse. Before the Bush administration [pharmaceutical companies] did not enjoy this immunity. There was no 'get out of jail free' card."
"There is a very delicate balance that needs to happen here," counters Sachse. "When you start to encourage these state-based tort suits, what happens is there are more warnings and pharmaceutical companies decide it's not worth it to us anymore to development a certain drug. It's the FDA [that should be] making the important risk-benefit analysis for everybody."
The American Law Journal broadcasts every Sunday night at 6:30 p.m. on CN8, The Comcast Network and is available free on demand--click here for the website.
Next week: "Workers' Compensation: the Employer-Employee Relationship."
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