The problem is that the current liability system doesnâ€™t reward lawyers who focus on these real public health concerns. Instead, the most experienced and well-financed law firms know that the biggest payouts regularly go to those who take advantage of the FDAâ€™s best efforts to promote the safe and effective use of medications and medical technology. More and more often, these â€œmass tortâ€ firms specialize in taking a new product warning label or withdrawal decision by the FDA, and view it as a signal to go forward with all guns blazing. Their bullets, unfortunately but not unpredictably, hit multiple innocent targets and result in a wounded American health care system.
Upon hearing the Courtâ€™s verdict, Senator Kennedy said, â€œIn enacting legislation on medical devices, Congress never intended that F.D.A. approval would give blanket immunity to manufacturers from liability for injuries caused by faulty devices.â€ And Representative Waxman, Americaâ€™s Oversighter-in-Chief commented that, â€œThe Supreme Courtâ€™s decision strips consumers of the rights theyâ€™ve had for decades. 'This isnâ€™t what Congress intended, and weâ€™ll pass legislation as quickly as possible to fix this nonsensical situation."
â€œNonsensical?â€ To the contrary, entirely sensical. Hence 8-1.