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Georgia Lures Industry With Promises Of Curtailing Civil Rights

By Eddie Farah

This is reminiscent of what’s put Michigan on the map as the friendliest state for drug and device makers.

In Michigan, drug companies enjoy immunity from prosecution. Imagine if you or I enjoyed such protection. Now Georgia is trying to entice the pharmaceutical and medical device industry to the state with a promise of protection. Senate Bill 101 was introduced last week into the Georgia General Assembly.

What does it promise? Immunity from civil lawsuits, in some cases, over products that have the Food and Drug Administration seal of approval. If the FDA says it’s okay, citizens lose their right to find justice and win compensation, even if it can be proven that the drug or device maker was reckless and had a callous disregard for the safety of the public.

Georgia Gov. Sonny Perdue was the backer of the bill. In a statement he said, “This legislation will make plain that the threat of meritless litigation is not a viable business strategy in Georgia.”

I thought the Governor was supposed to represent the people, not just business strategies.

Court is a viable option if one of my family members suffers irreparable harm and we are out a million dollars in medical bills. It’s a viable option if a loved one is killed by a product that was approved by the FDA, and yes, there have been a few.

And let’s not forget that the FDA doesn’t even test drugs – it relies on the honesty of the pharmaceutical and device industry to submit all relevant studies to the safety and efficacy of a drug/ device. We have found out too late that selective editing goes on by some companies before the FDA sees data.

Even former FDA commissioners have agreed that the system is far from perfect and cannot be relied upon to assure the safety of the public.

To assume the FDA has fully vetted each and every drug is not dealing with a full deck.

No doubt this legislation would be a lovely welcoming gift for scientists visiting Atlanta in May for a large biotechnology convention.

Just ask the residents of Michigan, harmed by Vioxx, Fen-pfen, and Trasylol - among about 20 other drugs withdrawn since 2000 - how this sort of legislation has worked out for them. #

Originally posted at InjuryBoard by Eddie Farah

Full post as published by Jacksonville Personal Injury Lawyer on February 12, 2009 (boomark / email).