In Their Own Words— Quotes on Complete Immunity Preemption From the News Media

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In Their Own Words— Quotes on Complete Immunity Preemption From the News Media 

Noteworthy quotes on complete immunity preemption found in the news media. 

“Opponents rely on an old standby: bashing the trial bar. At the urging of business leaders, Republicans targeted trial lawyers when they were in control, passing legislation that limited class-action suits and restricted bankruptcy filings. They argue that preemption is narrowly tailored in response to high court damages that threaten to wreak havoc on the medical and pharmaceutical fields as well as other sectors. ‘Current preemption policy is nothing novel or radical, but a dynamic response to an increasingly litigious environment that undermines the effectiveness of the long-established FDA regulatory system,’ said House Oversight and Government Reform ranking member Tom Davis.” - Congress Daily, 6/4/08 

“Why should doctors be concerned about preemption? In stripping patients of their right to seek redress through due process of law, preemption of common-law tort actions is not only unjust but will also result in the reduced safety of drugs and medical devices for the American people. Preemption will undermine the confidence that doctors and patients have in the safety of drugs and devices. If injured patients are unable to seek legal redress from manufacturers of defective products, they may instead turn elsewhere. -New England Journal of Medicine, 07/3/08

“The current FDA commissioner, Andrew von Eschenbach, said the agency is independent of industry influence. In an interview, he said he has been moving to get the agency to act faster on information that a drug may have problems. The heparin crisis demonstrated the challenge to the agency from globalized food and drug supplies, which he described as the biggest issue the FDA faces, but he said the agency's resources are limited.” – The Wall Street Journal, 7/30/08

“The last four or five cases, industry has been on a roll, says Chicago attorney Mark Herrmann, who defends pharmaceutical companies in liability cases.” –Associated Press, 05/14/08

“The politics of these cases are bewildering, said Susan P. Frederick, federal affairs counsel for the National Conference of State Legislatures.  Republican administrations generally advocate limited regulation and deference to state oversight, Ms. Frederick said.  But in what she said was its push to reduce court damage awards, the administration has written a blizzard of rules that do just the opposite.”- New York Times, 2/21/08

“The court has provided a ‘major endorsement of national uniformity,’ said Robin Conrad, executive vice president of the U.S. Chamber of Commerce's litigation arm.”-Bloomberg News, 06/26/08

The court's ruling in the Wyeth case "potentially could apply to all lawsuits against all manufacturers of prescription drugs," said Mark Herrmann, an attorney at Jones Day in Chicago who represents drug and medical device companies. "It's the 800-pound gorilla." -Associated Press, 5/26/08

“The Bush administration tried a different approach. Bypassing Congress, it had federal agencies reinterpret the laws on the books to conclude that jury verdicts would conflict with federal policy.”-Los Angeles Times, 09/07/08

“The influence that the pharmaceutical companies, the for-profits, are having on every aspect of medicine ... is so blatant now you'd have to be deaf, blind and dumb not to see it," said Journal of the American Medical Association editor Dr. Catherine DeAngelis, a longtime industry critic. "We have just allowed them to take over, and it's our fault, the whole medical community." - USA Today, 9/10/08 

"The use of rulemaking to protect corporations from product liability was discussed from early in the Bush administration, said former Bush domestic-policy adviser Jay Lefkowitz, who was instrumental in the process."- WSJ, 10/15/08

“Either way, Congress, not the Supreme Court, seems better suited to decide public policy on patient safety, and it is telling that many members of Congress have joined amici briefs to remind the court that Congress already has decided not to grant preemption to drug manufacturers.” - Journal of the American Medical Association, 10/22/08

“‘Even if the court rules narrowly, it could still be a blockbuster,’ said Mark Herrmann, a Chicago product-liability lawyer at Jones Day who represents companies and co-writes a blog on drug and medical-device law.”- Bloomberg, 10/29/08


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