SCOTUS to hear case of plaintiffs denied chance to sue medical device mfg. because FDA approved it

Bush Wants Immunity from Wrongful Death or Wrongful Injury Lawsuits for Big Pharma

In a Shift, Bush Moves to Block Medical Suits

By ROBERT PEAR - July 25, 2004 New York Times

WASHINGTON, July 24 - The Bush administration has been going to court
to block lawsuits by consumers who say they have been injured by
prescription drugs and medical devices.

The administration contends that consumers cannot recover damages for
such injuries if the products have been approved by the Food and Drug
Administration. In court papers, the Justice Department acknowledges
that this position reflects a "change in governmental policy," and it has
persuaded some judges to accept its arguments, most recently scoring a
victory in the federal appeals court in Philadelphia.

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At that time, the government said that F.D.A. approval of a medical
device set the minimum standard, and that states could provide "additional
protection to consumers." Now the Bush administration argues that the
agency's approval of a device "sets a ceiling as well as a floor."

The administration said its position, holding that individual consumers
have no right to sue, actually benefited consumers.