Thursday, March 5, 2009

Justices give Justice To The People

Click on link or title for the LA Times article.

In the movie The Godfather, the famous quote "For justice you must see Don Corleone" was said when the system failed one of the local citizens.

"Three years ago, the Bush administration switched long standing Food and Drug Administration policy and announced that federal approval of a drug "preempts" or bars lawsuits in state courts."

Drug makers are now once again responsible for the drugs that they sell. Warning must be issued and safety standards must be followed and the public well being is brought to the forefront.

Sometimes people moan about frivolous lawsuits and the lack of substantive merit. It is makes for great talk around the water cooler.

But when the application of a drug causes one to lose an arm as in the case of Diana Levin, a major problem when the drug entered an artery and was known to have caused limb loss in 20 other people, isn't compensation warranted?

Someone must take the stand of being an advocate for the people. Car makers have recalls all the time when a car part could or will fail and cause bodily harm. Could the possibility of a lawsuit cause them to care? Perhaps.

"Lawsuits not only compensate injured individuals, but they "uncover drug hazards and provide incentives for drug manufactures to disclose safety risks promptly."

Lawsuits are not a remedy for bad actions knowingly made, but for unknown or unforeseen consequences already known by the manufacturer.

Which brings one to question "Why would the federal government get involved in the first place?"

http://www.latimes.com/news/politics/la-na-drug-lawsuits4-2009mar05,0,2878068.story
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