Sen. Marco Rubio, R-Fla., shown here in his Capitol Hill office in Washington, has declared that "Obamacare is a disaster."
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#45 Aug 9, 2013
Obama did right. Republican Bush and his ALEC gang did wrong.
The Bush Administration’s Stealth Tort Reform Effort
The Preemption Memo is described more fully below. But its importance can only be understood against the backdrop of the Bush administration’s attempt to utilize federal agencies to implement stealth tort reform. Since 2005, seven federal agencies have issued over 60 proposed or final rules that were accompanied by introductory statements – commonly known as “preambles”– stating that the rule preempts state tort law on the ground that lawsuits involving the regulated matters would conflict with the agencies’ regulatory goals.
The most notorious example of this practice is the preamble to a 2006 United States Food and Drug Administration (FDA) labeling regulation, which states that the FDA’s approval of a prescription drug’s label “preempts conflicting or contrary State law,” including lawsuits seeking to hold drug manufacturers liable for failing adequately to warn of a drug’s dangers. 71 Fed. Reg. 3922, 3934-35 (2006). This preemption preamble was particularly egregious because it represented a 180-degree reversal of the FDA’s prior views on the matter: before the Bush administration took power, the FDA enthusiastically endorsed tort litigation as complementing the agency’s ability to ensure the safety of prescription drugs.(As discussed below, in Wyeth v. Levine, 129 S. Ct. 1187 (2009),the U.S. Supreme Court held that the 2006 labeling regulation’s preemptive preamble was not entitled to any deference.)
The intention behind this and other Bush-era preemption preambles is clear: by attempting to strip consumers of their rights to sue, the Bush administration was pandering to the business community, which seeks at all costs to immunize itself from tort liability. Indeed, Bush administration officials had an unusually close relationship with the industries they regulated. Again, the 2006 FDA labeling regulation is instructive. As first proposed, the preamble to the labeling regulation specifically stated that the FDA did not intend to preempt state law failure-to-warn claims.
What Bush did: The Bush Administration’s Stealth Tort Reform Effort" was to make the Pharmaceutical Industry and medical product manufactures immune from any lawsuit provided that the FDA excepted the drug or medical product. It was called the first rule. That in turn caused the Pharmaceutical Industry to pass drugs with bogus research that harmed many people. You couldn't sue the government (money requirement) and the defective product remain in the market place. Besides, the side effects of the Pharmaceutical drugs caused other medical problems that was prosperous to the medical / Mental Health Industry at the cost of the health and welfare of the public and the taxpayers money.
Obama reversed that decision and provided the safe guards back to the consumer. That is why you are listening to the advertisement of attorneys stating that if you have been damaged by (such and such) a drug to contact their law firm.
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