FDA Preemption = Bad Medicine

We, the undersigned, petition Congress to guarantee the right to a day in court if a person is harmed or killed by an FDA-approved product. Specifically, we stand against the policy of FDA preemption. What is FDA preemption The Food and Drug Administration, whose responsibility it is to safeguard the public, is attempting to take away the right of American citizens to hold a manufacturer accountable for damages caused by an FDA-approved medication or medical device. Such preemption reduces industry accountability, even while it endangers our civil rights and public health. From The New England Journal of Medicine,July 3, 2008: \"Previous administrations and the FDA considered tort litigation to be an important part of an overall regulatory framework for drugs and devices; product-liability litigation by consumers was believed to complement the FDA\'s regulatory actions and enhance patient safety. ... In stripping patients of their right to seek redress through due process of law, preemption of common-law tort actions is not only unjust but will also result in the reduced safety of drugs and medical devices for the American people.\"

Sponsor

This petition is sponsored by ADDA - Americans for Drug and Device Accountability. ADDA is a group of concerned citizens interested in protecting the civil rights of the American people.

Discussion

  • Victoria Grantham The FDA is committing a criminal act, in my opinion, by taking away a person's right to hold manufacturers of faulty medications/medical devices accountable in a court of law. It is unjust and will result in the reduced safety of drugs and medical devices for the American people, the very people the FDA is supposed to be protecting. What's wrong with this picture????

  • Blake Rensel Due to taking to fda approved drugs, for a very minor form of epilepsy, I now have cirrhosis of the liver and am going thru complication's from that and have been told by a transplant surgeon that at some point I will need a liver transplant. I was never once notified by any medical professional that taking these so called fda approved drugs would cause the issue's I am going thu now. I believe we are entitled to our day in court and force these companies and the fda to be held accountable. I pray that day comes soon so nobody else will have to suffer thru any type of health issue that was approved.

  • Anonymous In my opinion, by taking away a person's right to hold manufacturers of faulty medications/medical devices accountable in a court of law. It is unjust and will result in the reduced safety of drugs and medical devices for the American people, the very people the FDA is supposed to be protecting. People need to know they have a resource to make the company to act responsibly.

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    Arndt von Hippel, MD (ret)

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