Consumer Law

U.S. House Committee on Oversight and Government Reform Holds Hearing on Federal Preemption of State Tort Claims Involving Drugs and Medical Devices

By Brian Wolfman

The Committee on Oversight and Government Reform of the U.S. House of Representatives held a hearing today entitled ?Should FDA Drug and Medical Device Regulation Bar State Liability Claims??  The Committee described the hearing as follows:

FDA approval of drugs and high-risk medical devices before they are marketed does not necessarily guarantee safety. Patients harmed by medical products have traditionally sought compensation under state law for damages, such as medical expense incurred, and lost wages. The hearing will examine the implications of ?preemption? of state liability laws in the FDA context and whether FDA regulation of drugs and medical devices should bar injured patients from seeking compensation under state law.

Among the witnesses at today's hearing were actor Dennis Quaid, whose new born twins were injected with a near-fatal overdose of the drug Heparin because of faulty drug labeling; former FDA Commissioner Dr. David Kessler; Georgetown law professor David Vladeck; and Dr. Gregory Curfman, Editor, New England Journal of Medicine.

The Committee's website provides links to the written testimony of all 10 witnesses.

Full post as published by CL&P Blog on May 14, 2008 (boomark / email).