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The Supremes Protect Medical Device Manufacturers - Another Bush Victory


US Politics & Gov't  (tags: Supreme Court, Bush, corporate protections, law, lawsuits, liability, health, FDA )

RC
- 2655 days ago - nytimes.com
In a decision renderted yesteray, "the makers of medical devices...are immune from liability for personal injuries as long as the Food and Drug Administration approved the device before it was marketed and it meets the agency's specifications." THE FDA???



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Comments

RC deWinter (418)
Thursday February 21, 2008, 5:32 am
In other words ladies & gentlemen, if, llike my younger brother, you have a what proves to be a faulty defibirillator implnated in your chest, BUT that defibrillator was approved by the FDA when marketed, you are F***ED.,..if you keel over and die because it doen't do what it's supposed to do when you need it, your family cannot sue the maker of the device that contributed to your death. Same for leaky breast implants, IUDs that rip your uterus, etc. etc. etc. ad naueam. The FDA is a joke...look at all those toys full of lead that were never checked but approved...here's more:

Justices Add Legal Complications to Debate on FDA’s Competence

HAIL CORPORATE RULE - AND TO HELL WITH THE PEOPLE. Thank you, Bush and your right-wing neocon SUpreme Court.
 

Peppermint Twisted (27)
Thursday February 21, 2008, 5:46 am
This sad. This not good. Me not like this. Me noted.
 

Tim Redfern (581)
Thursday February 21, 2008, 6:12 am
“The Supreme Court’s decision strips consumers of the rights they’ve had for decades,” Mr. Waxman said. “This isn’t what Congress intended, and we’ll pass legislation as quickly as possible to fix this nonsensical situation.”

God love Henry Waxman! The man is a Pitbull
for the rights of the little guy...and gal!
This decision by the Supremes is an outrage,
and proves once again what a bunch of Bush
toadies they really are. Their first priority
is what's good for the Federal government and
La Familia Bush, and the rest of us be damned!
noted.
 

Delliana Ofthesea (241)
Thursday February 21, 2008, 6:23 am
Yeah, I had a friend, Pastey, who died because of this exact problem. THANKS AGAIN FDA. @$$HOLES!
 

Delliana Ofthesea (241)
Thursday February 21, 2008, 6:24 am
Oh and of course, Dont forget the Lovely, Caring Bush Regime!!!!!!!!!!!
 

RC deWinter (418)
Thursday February 21, 2008, 6:28 am
WAXMAN FOR PRESIDENT
 

Melissa Dawson (284)
Thursday February 21, 2008, 6:28 am
Noted and angry.
 

Terrie Williams (779)
Thursday February 21, 2008, 6:33 am
I hear you Cate. This SUX a major big one! But then, are we really surprised? The FDA is owned by big pharma and the Supreme Court is owned by all the mega-corporations. There is no law and there is no justice for the average American anymore. We knew that as soon as Scalia hit the bench. We still had a chance while O'Connor and Rehnquist was there but no more. Now the Fascists have it their way and we are all f****d.

What truly pisses me off is that so many people now will be at the mercy of big pharma and medical manufacturers with no safety net whatsoever. Now Merck, Pfizer et. al, have a basic 'get out of jail' card and don't think for a second that they won't use it to further their profits. Now it really won't matter if they sell us faulty devices and killer drugs. Now it comes down to...CAVIAT EMPTOR, buyer beware. People really need to get themselves educated on devices/drugs that are being prescribed to them.

I'll stick to my natural medicines/remedies and naturopathic doctors. They have done more for me than any allopathic doctor ever has. And those of us that do not submit to Western Medicine are in danger of loosing access to the herbal medicines/supplements we depend on because the FDA wants to cut out the competition to the big pharmas. It never friggin ends Cate.
 

Joycey B. (750)
Thursday February 21, 2008, 6:36 am
Noted with disgust. Thanks Cate.
 

Past Member (0)
Thursday February 21, 2008, 7:19 am
Why didn't Cheney's pace maker cause him any problems ? Seems to me someone knew of the problem before hand and made sure he wasn't implanted with a faulty one hey !
 

Stephen Hannon (203)
Thursday February 21, 2008, 7:20 am
The FDA are not medical professionals, and or surgeons who do the implants. They are supposed to watch our food chain and types of drugs that are made in good ole Amerika!
There are 9 justices who sit on the Supreme Court and 8 of them are Republicans and 1 Democrat. Ruth Bader Ginsberg is the only Democrat sitting justice. It's a rigged deck to be sure. Hopefully Henry Waxman can get this law overturned very quickly as people's lives depend on the laws that are supposed to protect us. This new ruling gives the manufacturers a license to make faulty medical devices and not have to worry about being sued if someone dies from their mistakes..Another major victory for the corrupt King.

Noted, and really angry....
 

Pauline Houzard (109)
Thursday February 21, 2008, 7:41 am
does this really shock anyone??? another nail in the coffin!!! noted with disgust.
 

MadMud Artist (433)
Thursday February 21, 2008, 7:48 am
Cate, I have posted this article in four of my groups...what can I say, but GRRRRRR??!!! Thanks for posting.
 

Tsandi Crew (95)
Thursday February 21, 2008, 7:54 am
The FDA has always been the department that monitors the manufacturing of any device, and even the plastic tubing and plastic parts that are used in any medical devices or procedures.

Oddly enough. For what it is or isn't worth. All those pumps by your bedside in the hospital that pump blood and fluids into your bodies are little computers that use tubing and plastic parts...every little thing in those are regulated by FDA. Every little thing used in medicine is regulated and overseen by FDA.

You can see why they are so understaffed. And why it's all such a joke. Didn't know how lucky you are to be alive?
 

serge vrabec (280)
Thursday February 21, 2008, 10:26 am
Score another point for the US #1 killer- The "American" Medical System. Well at least more people are becoming aware and taking preventitive measures like eating organic, staying away from plastic, not taking most presciption medicines ,etc. so they won't need any medical devices. Thx for the latest report on our corrupt justices Cate!!
 

Lynda L. (96)
Thursday February 21, 2008, 10:30 am
One would assume with only less then a year left ( to destroy the country) that people, especially the courts, would back off of this idea they must sooth the whims of this "president" instead of THE PEOPLE!! This behavior of not being able to separate who they work for, rather then whose butt they were put there to kiss must end. I think America needs to remind these politcal leader that WE the people are their "Boss"..NOT GW Bush. It seems to me, we need to change some things and perhaps have the ability, as a people to recall these Judges and or Congresspersons ( before) THEIR TERM IS UP, AND remind them that we elected them, or they were appointed to serve as OUR representatives, and not serve a president,not any president....so that the rest understand we mean business. This has to stop, it makes me SO SO angry!!!
 

Carolyn T. (234)
Thursday February 21, 2008, 12:06 pm
Noted. And wouldn't I just love an opportunity to cast my presidential ballot for Waxman!!!! The Supreme Court has certainly showcased the impact of the Bush administration's appointees and the deals that were made with congressmen to get them approved. Disgusting is a mild epitaph for how I feel that there is little semblance of a sysem of checks and balances anymore...Thanks for this piece of additional enlightenment, Cate.
 

Estella Ameigh (22)
Thursday February 21, 2008, 12:58 pm
Oh crap!!!! It seems as if every day I hear of one more thing that is
being screwed up.Innocent people fall through the cracks for getting
help all the time. Too much pencil pushing to create new laws that we
do not need and not enough time enforceing the ones we do need. I
can't help but wonder if the president gets up every day just looking
to see what he can screw up next. Makes a person wonder??? It is
no wonder that you get angry when you read stuff like this every day.
Thanks Cate, hope it doesn't push your blood pressure through the roof.
They might have a government plan to help you, but bet you wouldn't
qualify because of some loop - hole. Just have to quit thinking about
it for today or I will be able to steam my own vegetables by holding
them next to my ears. Must be plenty of steam for that! See we have
a renewable energy resource. Just read the news everyday and get steamed.
Try to have a great day anyway. :)
 

Jim Phillips (3198)
Thursday February 21, 2008, 1:01 pm
Let's not forget that the people who sit on the Supreme Court are appointed for life.
The Justices sitting there now are able to effect changes in and to the laws for the next
fifty years or more. bush may be out soon, but his legacy may very well rest with the
Supreme Court. Let us hope and pray bush does not get another opportunity to appoint
another Justice to the Supreme Court.

Yes, I agree that the Supreme Court are complicit as are other federal agencies.

TY, Cate.
 

Daniel Barker (35)
Thursday February 21, 2008, 3:46 pm
I do not know what the answer is. I think we need to be realistic and see what lawsuits are costing us - are they making society better? If a lawsuit makes for a better country it is just.
 

Past Member (0)
Thursday February 21, 2008, 3:46 pm
noted with anger & disgust but not too shocked by the whole thing...especially if Bush has anything to do with it you know that it is not above board...Bush is so crooked ...he sux & so does his whole crew of henchman...thanks Cate
 

Roseann d. (178)
Thursday February 21, 2008, 4:41 pm
Does that mean Cheney can't sue if something malfunctions w/ his pacemaker?
 

Linda H. (199)
Thursday February 21, 2008, 5:23 pm
I am so sick and tired of it all! B&C will be gone soon but then what Look what they leave us with.Garbage! We need OUR country back! Get rid of the rich
think-only-of-myself-people! For the people by the people!
 

Wolfweeps Pommawolf (251)
Thursday February 21, 2008, 7:00 pm
This is the reason as to why I left the healthcare profession. It's bogus, its a farce, a lie, a money driven industry that has little if any concern, care about humans....US. No other country has patten rights when it comes drugs. No drug company should have there products made out of its own country. Drugs so high priced you be better of going to a third orld country to get healthcare and your medications. It sickens and disgusts me.
Although I worked in healthcare for almost 12 years, I have not been able to get in to see a real,, honest to god doctor in 3 years. WHy, because most healthcare facilties are run by Physician` Assistant. Can you believe this?? This is where my hard earned medical insurance is going to?? Half assed medical care? oh, this ticks me off beyond all readon.
People need to start telling their doctors and their offices that you are the "EMPLOYER", not the doctor or its office. Fire their butts in a Newy York second when you get treated like a piece of garbage. How quick they forget that you are the comsumer, you have the right to demand service, and quit being afraid of your doctors. How arrogent these medical professionals have beome..they are all in cahoots...which has made we the people even more the victims...again.
 

Ratty Ratman (160)
Thursday February 21, 2008, 8:55 pm

This sets up even more corruption.

There is no way a law like that is Constitutional.

 

Sandra M Z. (114)
Thursday February 21, 2008, 10:58 pm
Another criminal act to note with disgust, thanks Cate.
 

Trisha Springstead Rn (17)
Friday February 22, 2008, 6:18 am
Between 2008 and 2012 there is going to be a huge revolt against "Modern Medicine" and Government as we know it. I just keep spreading the word. I will NEVER go back to working in Medicine again unless it's homeopathy.
I tell people treat a Doctor like your mechanic, he is no better than you and just has some more eductation.
They are just, "Educated Guessers" Stand up to them.
 

Faith M. (167)
Saturday February 23, 2008, 12:20 pm
Can we sue the FDA instead? and Trisha-Well said!
 

Denice G. (45)
Saturday February 23, 2008, 8:04 pm
Noted and disgusted.
 

Elle J. (276)
Sunday February 24, 2008, 1:49 am
What a crock of crap! There are laws regulating the manufacturing of cars and if something goes wrong,they are liable.That is is a recall isn't made.All products made carry products liability insurance and when your very life depends on certain medical procedures done with medical devices, the government decides you have no claim if the device is faulty. Like I said in the beginning WHAT A CROCK OF CRAP!
 

Merry L. (74)
Monday March 3, 2008, 12:23 pm
Noted Cate and once again saddened.
 
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