boutons_
11-06-2008, 07:13 PM
"The Supreme Court ruled this week that a plaintiff may not sue under state law to challenge the safety or effectiveness of a medical device to which the FDA has given “premarket approval.” "
http://www.winston.com/siteFiles/publications/Riegel_2_22_08_v1.htm
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So if have been injured (or killed) by an FDA-approved product, you will very probably to have sue in Federal Court, if at all, and if you can afford it.
The scam here is that the FDA, esp under dubya's admin, has been staffed and compromised by medical device mfrs, Big Pharma shills, etc, so that "FDA-approved" is very often bullshit (eg,Vioxx, HPV vaccines, and many other drugs and devices that killed or maimed patients).
FDA "testing" is very often paid for and run by Big Pharma, and guess what, negative test results are suppressed, and positive test results are amplified beyond justification. Label warnings are minimized.
Like the financial industry pocketing $Bs of taxpayer dollars, the device/Big Pharma/etc industries are laughing their asses off (joined by pro-business conservative and Repugs) at how they can kill or maim their clients, with even less need to qualify the products as both safe and effective, knowing now they have almost blanket immunity from prosecution.
"Everyone can have their day in court" is just another myth. The courthouse door has been slammed shut.
http://www.winston.com/siteFiles/publications/Riegel_2_22_08_v1.htm
=========
So if have been injured (or killed) by an FDA-approved product, you will very probably to have sue in Federal Court, if at all, and if you can afford it.
The scam here is that the FDA, esp under dubya's admin, has been staffed and compromised by medical device mfrs, Big Pharma shills, etc, so that "FDA-approved" is very often bullshit (eg,Vioxx, HPV vaccines, and many other drugs and devices that killed or maimed patients).
FDA "testing" is very often paid for and run by Big Pharma, and guess what, negative test results are suppressed, and positive test results are amplified beyond justification. Label warnings are minimized.
Like the financial industry pocketing $Bs of taxpayer dollars, the device/Big Pharma/etc industries are laughing their asses off (joined by pro-business conservative and Repugs) at how they can kill or maim their clients, with even less need to qualify the products as both safe and effective, knowing now they have almost blanket immunity from prosecution.
"Everyone can have their day in court" is just another myth. The courthouse door has been slammed shut.