U.S. Supreme Court Busy Taking Away Your Rights

Dan Frith

Contributor

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American consumers have President George Bush to thank for this one.  The current President has made sure that every open seat on the highest court in America is filled with a jurist who will protect Big Business at the expense of the "little guy."

I am talking about the U.S. Supreme Court's decision in Riegel v. Medtronic, Inc.  Mr. Riegel sued Medtronic, a catheter manufacturer, for injuries he suffered when a balloon catheter burst when he was undergoing angioplasty surgery.  Medtronic asked the court to dismiss the suit arguing the balloon catheter had pre-market approval from the Food and Drug Administration (FDA) and that any subsequent lawsuit against it was barred by the Food, Drug, and Cosmetic Act. 

And guess what?  The U.S. Supreme Court agreed and dismissed the suit.  So, if the FDA, which has proven over and over again that it cannot protect the American public, approves a new medical device (even though defectively designed) it is insulated from legal responsibility.  Do you remember the FDA's previous pre-market approval mistakes involving the medications Duract, Rezulin, Seldane, Crestor, Baycol and on and on and on......?