Personal Injury Law

It's about time: Consumer friendly legislative relief

By Brian F. LaBovick, Esq.

After 8 years of attacks and more attacks, we are finally seeing some relief with plaintiff and consumer friendly legislation.

One significant highlight this year is the Supreme Court 6-3 decision in favor of Diana Levine, in Wyeth v. Levine. The Supreme Court decision held that FDA drug regulation does not preempt common law claims for damages under state law. A major step in the right direction.

Additional highlights include three important new bills that were introduced on Capitol Hill:

The Nursing Home Arbitration Act , introduced in the House of Representatives by Rep. Linda Sanchez (HR 1237) and in the Senate by Sen. Mel Martinez (S. 512). These bills would prohibit binding mandatory arbitration agreements in nursing home contracts, safeguarding the legal rights of an all too vulnerable population.

The Sunshine in Litigation Act , introduced by Senators Herb Kohl and Lindsey Graham (S. 537). The Sunshine in Litigation Act, is a bill to restrict protective orders and secrecy agreements in Federal cases where the result of such agreements would be to withhold public health and safety information from the public.

The Medical Device Safety Act, introduced in the Senate by Senators Kennedy and Leahy (S. 540) and in the House by Representatives Waxman and Pallone (HR 1346). This bill will restore the rights of patients injured by faulty medical devices – a right patients lost last year as a result of the Supreme Court's decision in Riegel v. Medtronic.

Although these bills are a step in the right direction, there is much work to be done. We can only hope that it is made clear that Congress does not intend for FDA regulation to preempt claims against device manufacturers.

Last but not least is The Arbitration Fairness Act of 2009  introduced by Rep. Hank Johnson (HR 1020) in early February. This bill will eliminate unfair binding mandatory arbitration contracts in consumer agreements.

Let's see what the future continues to hold for consumer friendly legislation.

Full post as published by LaBovick Injury Law Blog on March 12, 2009 (boomark / email).