Contact: Cecelia Prewett or Jen Fuson (202) 834-6209 (Cell)
202-965-3500 x369 (Office)
AAJ Press Room
Obama Memo on Complete Immunity Preemption Makes Clear Rule of Law Prevails Over Rule of Politics
Statement of American Association for Justice President Les Weisbrod
WASHINGTON, DC—“On behalf of the thousands of people whose cases have been affected by complete immunity preemption, we are heartened by the Presidential Memo released today.
The Obama Memo on regulatory preemption makes clear that the rule of law will once again prevail over the rule of politics. The memo overturned actions taken by Bush administration bureaucrats who were influenced by powerful, well-connected corporations who wanted to re-write and re-interpret Congressional legislation, undermine the Constitutional system of checks and balances and put the public at risk and compromise laws designed to give Americans basic rights to hold wrongdoers accountable.
However, horrendous injuries and deaths are still happening from dangerous products. For that, we look to Congress to remedy those wrongs and they can start by passing the Medical Device Safety Act.”
###
For background on AAJ’s work on complete immunity preemption visit www.justice.org/newsroom and see the “Get Out of Jail Free” report on the regulations affected by this memo.
Showing posts with label preemption. Show all posts
Showing posts with label preemption. Show all posts
Wednesday, May 20, 2009
Wednesday, August 27, 2008
FDA Sides with Drug Companies
For Immediate Release
Contact: Cecelia Prewett, Jennifer Fuson
Preemption Clause Would Grant Blanket Immunity
Washington, DC – Drug and device manufacturers will have immunity from lawsuits even if they fail to update warning labels to include dangerous side effects for pregnant and breast-feeding women if a Food and Drug Administration (FDA) proposed rule is made final. The American Association for Justice (AAJ) today submitted comments on the new label requirements.
“The civil justice system and regulatory authority are meant to complement each other to protect consumers. Instead, we are seeing the same complete immunity preemption language over and over again that would allow manufacturers to escape accountability for hazardous drugs and take away the right of consumers to seek justice in the courts,” said American Association for Justice (AAJ) President Les Weisbrod.
AAJ is asking the final rule eliminate any reference to giving complete immunity to manufacturers. Seven federal agencies have issued over 59 rules with preemption language in the preamble of the rule. Congress has expressed intent to permit consumers to bring state law claims against drug manufacturers in the Food and Drug Administration Amendments of 2007 and in numerous floor statements.
“There is no guarantee the FDA’s new labeling requirements will compel manufacturers to disclose product hazards,” said Weisbrod. “This new policy will only hurt patients and relieve drug manufacturers of the obligation to compensate those that are harmed by their products before ever testing if the new labeling system works properly. The FDA needs shift their focus back to the safety of pregnant women and their children and not protecting the drug companies.”
For a copy of AAJ’s comments, see www.justice.org
###
As the world's largest trial bar, the American Association for Justice (formerly known as the Association of Trial Lawyers of America) works to make sure people have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others--even when it means taking on the most powerful corporations.
Visit http://www.justice.org
Contact: Cecelia Prewett, Jennifer Fuson
202-965-3500 x369AAJ Press Room
Preemption Clause Would Grant Blanket Immunity
from Lawsuits Involving Drugs Used by Pregnant Women
Washington, DC – Drug and device manufacturers will have immunity from lawsuits even if they fail to update warning labels to include dangerous side effects for pregnant and breast-feeding women if a Food and Drug Administration (FDA) proposed rule is made final. The American Association for Justice (AAJ) today submitted comments on the new label requirements.
“The civil justice system and regulatory authority are meant to complement each other to protect consumers. Instead, we are seeing the same complete immunity preemption language over and over again that would allow manufacturers to escape accountability for hazardous drugs and take away the right of consumers to seek justice in the courts,” said American Association for Justice (AAJ) President Les Weisbrod.
AAJ is asking the final rule eliminate any reference to giving complete immunity to manufacturers. Seven federal agencies have issued over 59 rules with preemption language in the preamble of the rule. Congress has expressed intent to permit consumers to bring state law claims against drug manufacturers in the Food and Drug Administration Amendments of 2007 and in numerous floor statements.
“There is no guarantee the FDA’s new labeling requirements will compel manufacturers to disclose product hazards,” said Weisbrod. “This new policy will only hurt patients and relieve drug manufacturers of the obligation to compensate those that are harmed by their products before ever testing if the new labeling system works properly. The FDA needs shift their focus back to the safety of pregnant women and their children and not protecting the drug companies.”
For a copy of AAJ’s comments, see www.justice.org
###
As the world's largest trial bar, the American Association for Justice (formerly known as the Association of Trial Lawyers of America) works to make sure people have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others--even when it means taking on the most powerful corporations.
Visit http://www.justice.org
Wednesday, May 28, 2008
Federal Rules Gives Railroads Complete Immunity
For Immediate ReleaseContact
202-965-3500 x 369, AAJ Press Room
202-965-3500 x 369, AAJ Press Room
Federal Rules Give Railroads Complete Immunity
Administrative Action Preempts State Health and Safety Standards
Administrative Action Preempts State Health and Safety Standards
Washington, DC— New rules issued by the Federal Railroad Administration and Pipeline and Hazardous Materials Safety Administration would give negligent corporations complete immunity from lawsuits in railroad injury cases, according to testimony given today before the agencies.
Since January 2005, federal agencies have exceeded Congressional authority by issuing 51 rules that preempt state law. American Association for Justice (AAJ) regulatory counsel Gerie Voss and AAJ member Dan O'Fallon will testify that Congress never intended for federal agency rules to preempt state law claims. Dan O’Fallon will also discuss how negligent railroads tried to use preemption to invalidate claims made by the victims of the Minot, North Dakota derailment.
Federal regulatory preemption allows corporations to receive complete immunity and escape accountability even when they knowingly injure and endanger consumers with unsafe products.
Federal regulation is meant to provide a minimal standard of safety for food, drugs, cars, medical devices and railroads. Under a little known doctrine called preemption, there has been an attempt to erode consumer rights by quietly using federal rules to preempt state lawsuits.
“Preemption is a ‘get out of jail free card’ for corporations which put consumers at risk and try to avoid accountability,” said American Association for Justice President Kathleen Flynn Peterson. “Federal regulations and state law should work together to make consumers safer. States have a right to ensure the safety of their residents when dealing with railroads that transport hazardous and deadly materials.”
###
As the world's largest trial bar, AAJ (formerly known as the Association of Trial Lawyers of America) promotes justice and fairness for injured persons, defends the constitutional right to trial by jury, and strengthens the civil justice system through education and disclosure of information critical to public health and safety. Serving members worldwide, AAJ provides attorneys with the information and professional assistance they need to serve clients successfully and protect the democratic values of the civil justice system.
Since January 2005, federal agencies have exceeded Congressional authority by issuing 51 rules that preempt state law. American Association for Justice (AAJ) regulatory counsel Gerie Voss and AAJ member Dan O'Fallon will testify that Congress never intended for federal agency rules to preempt state law claims. Dan O’Fallon will also discuss how negligent railroads tried to use preemption to invalidate claims made by the victims of the Minot, North Dakota derailment.
Federal regulatory preemption allows corporations to receive complete immunity and escape accountability even when they knowingly injure and endanger consumers with unsafe products.
Federal regulation is meant to provide a minimal standard of safety for food, drugs, cars, medical devices and railroads. Under a little known doctrine called preemption, there has been an attempt to erode consumer rights by quietly using federal rules to preempt state lawsuits.
“Preemption is a ‘get out of jail free card’ for corporations which put consumers at risk and try to avoid accountability,” said American Association for Justice President Kathleen Flynn Peterson. “Federal regulations and state law should work together to make consumers safer. States have a right to ensure the safety of their residents when dealing with railroads that transport hazardous and deadly materials.”
###
As the world's largest trial bar, AAJ (formerly known as the Association of Trial Lawyers of America) promotes justice and fairness for injured persons, defends the constitutional right to trial by jury, and strengthens the civil justice system through education and disclosure of information critical to public health and safety. Serving members worldwide, AAJ provides attorneys with the information and professional assistance they need to serve clients successfully and protect the democratic values of the civil justice system.
Visit http://www.justice.org
Subscribe to:
Posts (Atom)