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Posted by: Neil Hillyard The prestigious medical journal, The New England Journal of Medicine, has told the U.S. Supreme Court that the federal Food and Drug Administration (FDA) does not and cannot effectively protect the public regarding the disclosure of risks associated with various medications. The Journal told the Supreme Court that lawsuits filed on behalf of injured victims do provide such protection to the public. In a "friend of the Court" brief filed in the U.S. Supreme Court, the Journal told the Supreme Court that such lawsuits can serve as a "vital deterrent" and protect consumers. Joining the Journal in this position are 47 state attorneys general and two former FDA commissioners. The Bush Administration opposes this position. George Bush is a long time opponent of a person's right to make a claim against big corportations when they hurt or kill someone and the administrations position is consistent with that. The FDA cannot and does not effectively regulate drugs placed on the market by drug manufacturers. First, the agency does not have the manpower. Second, there is an obvious incestuous relationship between drug manufacturers and the FDA. Many FDA employees seek jobs with drug manufacturers following a period with the FDA. Drug lawsuits filed by plaintiff's attorneys result in investigations and truth seeking that a bureaucratic government agency cannot and will not do. Without such lawsuits, big corporations, negligent hospitals and doctors, big trucking companies, and other entities supposedly regulated by the government are simply not. These agencies are simply not capable nor are they often inclined to effectively oversee and enforce consumer protection for the public. The medical malpractice attorney, the product liability attorney, the personal injury attorney all serve to provide protection to the consumer. It is only with the threat of a lawsuit that a drug manufacturer, a hospital or doctor, or a trucking company takes the safety steps necessary to protect the public. One can, as President Bush does, talk about the "greedy lawyers", but those lawyers are the most effective deterrent to defective products, medical malpractice, and negligent trucking companies whether you like lawyers or not. Big corporations don't like personal injury lawyers, negligent doctors and negligent hospitals who commit malpractice on patients don't like personal injury lawyers, and negligent trucking companies don't like personal injury lawyers. Ask yourself why!
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New England Journal of Medicine: Lawsuits protect the public.
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