A dark cloud of controversy has surrounded the White House, as
President Bush has claimed to support a provision in a medical malpractice
bill. Specifically, this bill would prevent consumers from suing
drug companies for punitive damages as long as Food and Drug Administration
(FDA) standards were met to win approval of their drugs.
Two popular pain medications, Vioxx and Celebrex, were recently
tied to increased risks of heart attacks and strokes. The makers
of these drugs say they received FDA approval and claim to have
followed FDA requirements. Therefore, if the medical malpractice
plan becomes a law, these drug companies, and many others, would
be protected from punitive damages -- those jury awards that often
reach millions of dollars to punish wrongdoing.
Medical Malpractice Bill and Legal Protections
Disagreement has surfaced regarding how much legal protection the
bill would provide.
The president of the Biotechnology Industry Organization, a former
representative who sponsored the bill (which passed in the House,
but not the Senate, in 2004) believes the legislation would limit
damages for pain and suffering to $250,000 for pharmaceutical companies,
though others say damages would only be limited. That would allow
consumers to seek large awards for:
- Pain and suffering
- Economic damages (such as lost time at work)
The bill would also state that if drug companies did not meet all
FDA standard requirements then they would lose legal protections.
MSNBC
January 17, 2005
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