I always pull for the underdog! I am suspicious of Big Business and those who work to make sure Big Business avoids accountability!
Take the U.S. Supreme Court’s recent decision (Riegel v. Medtronic) on preemption – the concept that federal law controls over applicable state law – should concern us all. The court ruled that state tort claims against manufacturers of certain medical devices are preempted by federal law. The court reasoned that since the product at issue had been approved by the Food and Drug Administration (FDA) a plaintiff injured by the product could not bring a lawsuit based upon their state law. That is right…the same FDA who has failed to protect the American public multiple times (tobacco, medications, contaminated food products and on and on and on…).
If you have 5 minutes take a look at this compelling story about how preemption affected this doctor’s life.