Comments on: Access Denied? Preemption Versus Corporate Accountability For Products Which Cause Injuries http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/ Firedoglake weblog Thu, 26 Nov 2009 15:44:18 -0600 http://wordpress.org/?v=2.8.6 hourly 1 By: DWBartoo http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730683 DWBartoo Tue, 18 Nov 2008 21:24:24 +0000 http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730683 <p>Thank you, Diana and Nan, as well as everyone else, this has been most informative. Regardless of how SCOTUS may decide, for thoughtful persons, the verdict is already in.</p> <p>Diana, I wish you the best in all things and applaud your courage and humanity in seeking a broader justice. Truly, you are a remarkable human being.</p> <p>David</p> Thank you, Diana and Nan, as well as everyone else, this has been most informative. Regardless of how SCOTUS may decide, for thoughtful persons, the verdict is already in.

Diana, I wish you the best in all things and applaud your courage and humanity in seeking a broader justice. Truly, you are a remarkable human being.

David

]]> By: drummajor4civiljustice http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730681 drummajor4civiljustice Tue, 18 Nov 2008 21:23:42 +0000 http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730681 <p>Amen!</p> Amen!

]]> By: eCAHNomics http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730662 eCAHNomics Tue, 18 Nov 2008 21:13:01 +0000 http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730662 <p>And, Diana. The very best of luck.</p> And, Diana. The very best of luck.

]]> By: eCAHNomics http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730660 eCAHNomics Tue, 18 Nov 2008 21:12:17 +0000 http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730660 <p>Thanks again. Yours is a reasonable hypothesis.</p> Thanks again. Yours is a reasonable hypothesis.

]]> By: DianaLevine http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730658 DianaLevine Tue, 18 Nov 2008 21:11:59 +0000 http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730658 <p>I know I’ll never get my arm back, but I hope the loss of limb doesn’t become loss of limb and liberty. </p> <p>Thank you to everyone for being here and to Alliance for Justice for getting the word out. I hope everyone enjoys the movie; I’d love feedback once you have had a chance to take look. I’ve enjoyed being here today and thank you all again.</p> I know I’ll never get my arm back, but I hope the loss of limb doesn’t become loss of limb and liberty.

Thank you to everyone for being here and to Alliance for Justice for getting the word out. I hope everyone enjoys the movie; I’d love feedback once you have had a chance to take look. I’ve enjoyed being here today and thank you all again.

]]> By: eCAHNomics http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730651 eCAHNomics Tue, 18 Nov 2008 21:10:54 +0000 http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730651 <p>Thanks. I’m amazed to learn what you say about push. That’s strikes me likely dangerous in a whole variety of cases besides Phenergen.</p> <p>When I was on Wall St. (economist, not securities analyst), I presented at a dinner meeting in LaJolla, which included 2 out of 3 docs who invented IV push. By then they had sold out to Medtronics (iirc) and had quite a bit of net worth.</p> Thanks. I’m amazed to learn what you say about push. That’s strikes me likely dangerous in a whole variety of cases besides Phenergen.

When I was on Wall St. (economist, not securities analyst), I presented at a dinner meeting in LaJolla, which included 2 out of 3 docs who invented IV push. By then they had sold out to Medtronics (iirc) and had quite a bit of net worth.

]]> By: DianaLevine http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730646 DianaLevine Tue, 18 Nov 2008 21:09:15 +0000 http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730646 <p>Exactly. It would not cost them very much. They would sell the same amount of Phenergan, it would just be administered in a safe way. The only possible way of interpreting what is happening now is that they want this case to be the one that establishes preemption as a way to insulate themselves from liability when their products injure consumers. They are stubbornly refusing to do the right thing, so that is the only explanation that comes to my mind. They are the only ones that can prevent this from happening again. They are behaving in a very “big business” way, and removing the right of an average citizen to have a redress of grievance.</p> Exactly. It would not cost them very much. They would sell the same amount of Phenergan, it would just be administered in a safe way. The only possible way of interpreting what is happening now is that they want this case to be the one that establishes preemption as a way to insulate themselves from liability when their products injure consumers. They are stubbornly refusing to do the right thing, so that is the only explanation that comes to my mind. They are the only ones that can prevent this from happening again. They are behaving in a very “big business” way, and removing the right of an average citizen to have a redress of grievance.

]]> By: Christy Hardin Smith http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730644 Christy Hardin Smith Tue, 18 Nov 2008 21:06:13 +0000 http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730644 <p>I think one of the things we all need to do a better job with is public education about these issues. Because, in my experience anyway, most folks have no idea what is going on with any of this — or how far-reaching its impact could be. And no amount of scapegoating trial lawyers on the part of preemption proponents takes away the fact that it is individuals who are already injured who have to pay the price for corporate malfeasance in these cases, while they hide behind a technicality to escape any accountability.</p> I think one of the things we all need to do a better job with is public education about these issues. Because, in my experience anyway, most folks have no idea what is going on with any of this — or how far-reaching its impact could be. And no amount of scapegoating trial lawyers on the part of preemption proponents takes away the fact that it is individuals who are already injured who have to pay the price for corporate malfeasance in these cases, while they hide behind a technicality to escape any accountability.

]]> By: dakine01 http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730639 dakine01 Tue, 18 Nov 2008 21:05:37 +0000 http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730639 <p><a href="http://firedoglake.com/2008/11/18/holder-why-oh-why/" rel="nofollow">looseheadprop upstairs on</a> possibility of Eric Holder as AG.</p> looseheadprop upstairs on possibility of Eric Holder as AG.

]]> By: DianaLevine http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730640 DianaLevine Tue, 18 Nov 2008 21:05:37 +0000 http://firedoglake.com/2008/11/18/access-denied-preemption-versus-corporate-accountability-for-products-which-cause-injuries/#comment-1730640 <p>This is a really important question. The clinic where this happened DID take responsibility for the fact that it happened under their roof. If you look at just the surface, it stops there. But, when you look beyond that, you see that this was a predictable outcome of using Phenergan by IV push–when you look at the chain, the link where change can be made in order to prevent an occurrance lies squarely with Wyeth Pharmaceutical. By not warning caregivers, they essentially set them up. This could happen to the most skilled, competent, experienced person. I’m sure there are many doctors out there who are thinking “There but for the grace of God go I” when it comes to the consequences of administering Phergan by IV Push. There is a different between push and drip. The reason that drio you can tell that you are in the vein, whereas with the push, you don’t know for sure until the drug has leaked into the arteries and then it is too late. The only safe ways that give relief quickly are intramuscalar injection and IV drip.</p> This is a really important question. The clinic where this happened DID take responsibility for the fact that it happened under their roof. If you look at just the surface, it stops there. But, when you look beyond that, you see that this was a predictable outcome of using Phenergan by IV push–when you look at the chain, the link where change can be made in order to prevent an occurrance lies squarely with Wyeth Pharmaceutical. By not warning caregivers, they essentially set them up. This could happen to the most skilled, competent, experienced person. I’m sure there are many doctors out there who are thinking “There but for the grace of God go I” when it comes to the consequences of administering Phergan by IV Push. There is a different between push and drip. The reason that drio you can tell that you are in the vein, whereas with the push, you don’t know for sure until the drug has leaked into the arteries and then it is too late. The only safe ways that give relief quickly are intramuscalar injection and IV drip.

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