Supreme Court Sets an Ominous Tone Against Citizen Rights to Sue

Thursday, February 21, 2008
By: Byron J. Richards,
Board Certified Clinical Nutritionist

Today the Supreme Court ruled on the first of several related issues that could undermine the rights of citizens to sue drug companies when they have been injured by drugs.  Today’s decision was considered a “warm up” for what is soon expected, as the Court ruled that federal law bars lawsuits “challenging the safety or effectiveness of a medical device,” as long as the FDA have given the device a premarket approval.

On a much larger and very similar legal topic the Supreme Court will rule on how these types of laws apply to drugs – with billions of dollars of product liability lawsuits hanging in the balance.  The FDA wants laws that protect drug companies and prevent citizens from suing when they have been injured, all based on FDA approval.  The Supreme Court is being asked to rule that federal laws can preempt state laws (nullify citizen’s rights in state courts).  Today’s ruling means the Court is leaning towards supporting the FDA position on the larger drug-induced injury matter. 

The FDA is a corrupt organization, failing to disclose information to the public about the dangers of commonly used drugs.  Numerous injury scandals are currently being investigated by Congress – many of which caused needless death.  The FDA wants Americans to “trust” its judgment, when it has proven over and over again it has almost no clue of the actual risks of almost any drug on the market because it has failed to demand obviously needed safety follow up studies and it has hidden dangers during the original approval process.  Should the Court rule in favor of the FDA and Big Pharma, and against American citizens, as it appears it will – it will be time for a drug boycott until safety studies are actually completed.


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