Democrats seek reversal of preemption ruling
May 21st, 2008 joshua
The Supreme Court is expected to rule in favor of the medical device industry this fall, basically barring state courts and juries from awarding plaintiffs any rewards in cases regarding FDA-approved devices.
The decision let negligent medical device makers off the hook from litigation in cases where their products injured or caused the death of patients.
But, according to The Washington Post, House Democrats want a reversal for patients harmed by these devices.
Reps. Henry Waxman, of California, and Bruce Braley, of Iowa, say FDA regulations and state law cohabitated for more than a century.
Waxman brought forth a list of witnesses to argue against the proposed preemption decision.
According to the report, the Bush Administration is responsible for putting all the proper pawns in place to bring this decision to the spotlight.
