... and Justice for All

Pregnant and New Mothers Endangered by Proposed FDA Rule

Pregnant and new mothers are endangered by a proposed FDA rule that will allow drug companies to omit information on their warning labels about dangerous side effects of their products.  For leaving out this important information the drug companies would receive the prize of immunity from lawsuits through the doctrine of preemption.  That's justice under the Bush Administration: create a rule that allows drug companies to harm pregnant and new mothers and get away scot-free.  The ever-vigilant American Association for Justice has protested adoption of the proposed rule that you can read by clicking here. 

Robert L. Abell
www.RobertAbellLaw.com

U.S. Needs National Database of Replacement Joints

The United States needs to establish a national database, called a joint registry, to collect information on how patients receiving replacement hips or knees progress following surgery.  The absence of such a registry causes annually the waste of millions of dollars and untold and unnecessary suffering for patients because of a flawed product or technique.  Almost one million Americans each year receive replacement hips or knees. 

A joint registry would allow problem products or techniques to be more quickly identified and their use ended, which would reduce greatly "do-over" surgeries made necessary by the initial use of a flawed product or technique.  Precisely this scenario happened a few years ago in Sweden when a national registry alerted surgeons of a badly-flawed replacement hip and its use was terminated.  But in the United States its use continued for many more months generating great and unnecessary expense, not to forget the suffering of recipient patients. 

A registry would create a continuing monitor beginning with recording for each patient a number, the replacement joint used, the technique used and the doctor performing the surgery.  If the patient were to receive a replacement, the information would be recorded as well and this would facilitate identification of problem products and techniques.  As a new President and Congress take office in January, they would act wisely to have created a national joint registry.  Further information can be gleaned from an excellent article in the New York Times, "A Call For A Warning System On Artificial Joints." 

Robert L. Abell
www.RobertAbellLaw.com

Congress To Ban Toxins In Childrens' Toys

Congress will ban three toxins commonly found in children's toys as part of legislation reforming the Consumer Product Safety Commission, the Washington Post reports ("Lawmakers Agree To Ban Toxins In Children's Items").  The toxins, which have been commonly used in plastic children's toys for decades, can be ingested by acts as simple as a child chewing on a toy.  The legislation will also ban lead from children's products, give consumers access to more information on complaints and accidents and provide for tougher enforcement measures.  The Bush Administration, as well as the chemical industry, opposes the added protections for children.  The legislation follows similar laws passed by the states of California, Washington and Vermont and by the European Union.

Robert L. Abell
www.RobertAbellLaw.com