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Bush Seeks to Crush Legal Rights of Patients and
Consumers. FDA is
Declared Infallible. Millions At Risk of Injury and Death with Nowhere to
Turn.
By James Boyne
OpEdNews.com
- In one of the most cruel and underhanded political maneuvers yet,
President Bush is trying to strip patients and consumers of the right
to seek damages from injuries sustained as a result of defective,
poorly manufactured and misused medical devices. Also, consumers and
patients who experience adverse side affects and harm to their health
due to mislabeled instructions, substandard quality, or misleading,
exaggerated advertising claims by drug companies will no longer be
able to seek damages of any kind---much less a cap on the amount of
awards for pain, suffering and medical complications.
-
- President Bush has scored another backdoor, Federal Court victory
against the rights of all Americans to protection from the
unscrupulous practices of some corporations, and he accomplished it
with little public awareness and little or no media attention.
-
- In a front page article in the NY Times (7/25/04) it was revealed
that “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.”
-
- Having failed to garner the necessary support in Congress for his
misguided attempt to limit medical malpractice lawsuits at the expense
of injured patients, President Bush is engaging in a political version
of the quarterback sneak. If the ultra right wing of the Republican
Party can’t win legislation in Congress for the big corporate
conglomerates, then they will circumvent the will of people and snipe
away at our rights through the use of the Federal Courts and
conservative Federal Judges appointed by President Bush.
-
- Having failed to win Senate approval of dozens of right wing,
conservative leaning Federal judges, President Bush has proceeded to
use another underhanded, sneaky political loophole by appointing the
judges of his choice while Congress is in recess---again with little
or no media attention and with the public being unaware of the packing
of our Federal Court system with “unconfirmed” judges.
-
- In this latest precedent setting Federal Court decision,
fought for by the Bush administration, the FDA has been deemed to be incapable
of error, misjudgment or mistakes. In affect, the FDA is
infallible.
-
- The New York Times article (7/25/04) stated that Representative
Maurice D. Hinchey, Democrat of New York, said the administration had
“taken the FDA in a radical new direction, seeking to protect drug
companies instead of the public.” “Mr. Hinchey said that FDA
lawyers, led by the agency’s chief counsel, Daniel E. Troy, had
repeatedly interceded in civil suits on behalf of the drug and medical
device manufacturers.” Mr. Hinchey also said “Mr. Troy (the legal
spokesperson for the new Bush policy) had a potential conflict of
interest because Pfizer had been one of his clients when he was a
lawyer in private practice”. The Times stated, “Mr. Troy refused
to discuss the agency’s legal arguments or the criticism of his
role”.
-
- Big Brother is here. And Big Brother is the Republican Party; the
very party that has always claimed to champion the cause of the
liberty, justice and the rights of the little guy---protecting us from
the power of the Federal Government and big corporations. Now the GOP
is in bed with the big corporations and with the full weight of
Federal Government is squashing the rights of American citizens. The
Federal Government is being bought out and bought up by the power and
the money of “the Corporation”. Our protective rights under
Federal law are being shelved.
-
- Whether one has a heart attack, a stroke, a brain aneurysm, or
suffers permanent and irreparable physical or mental harm due to a
defective medical product or inept medical care, one will no longer be
entitled to seek any form of compensation whatsoever, if President
Bush gets his way. It is
only a matter of time unless Americans wake up to what this
Administration is doing to their rights.
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- Consumers and patients will not even have the right to begin any
form of legal action or litigation. This is the new Bush
“Patient/Consumer Bill of Rights” as defined by President Bush and
his Republican Administration. The theory---If the FDA (the Food and
Drug Administration) approved a drug or a medical device how can it
possibly cause harm? Tell this to the 195,000 patients (reported
throughout the media this week) that died needlessly this year in
hospitals as a result of defective and misused medical devices, inept
health care, medical negligence, and drugs prescribed and
misprescribed to patients---drugs that end up killing patients instead
of saving them.
-
- Some of the deaths are a result of “frivolous” medical errors,
minor misjudgments; and equipment or medical devices that (if you are
the one who dies) can only be described as “junk”. Is this what
President Bush means when he exhorts to his applauding audiences that
we need to get rid of “junk and frivolous medical lawsuits” in
order to “save the Doc’s” (as he proclaims)? How about saving
the patients? How about the 195,000 lost souls who never got to leave
the hospital? How about their families? Who is responsible to them for
their losses? Nobody?
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- If this Federal Court precedent sweeps the land one can only imagine
how the pharmaceutical and health care system will be a system that
will run amuck over the rights of patients and consumers. After
Bush’s idea of “junk and frivolous medical malpractice lawsuits”
are disallowed it will only be a matter of time before ALL lawsuits
will be considered “junk and frivolous” as the insurance industry
steps in for their share of the billions upon billions of loot to be
pocketed at the expense of the injured and dead.
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- With four more years of Bush and the right wing of the Republican
Party one can see that by the year 2008 if your family is hit and
killed by a drunk driver it will be called a “frivolous event” if
it happens on a Interstate Federal road and there will be no one to
sue; if a construction crane falls on your head as you walk down a
Manhattan street your family will be told they are making a “big
deal” out of nothing; if an FDA approved drug that becomes a billion
dollar blockbuster kills thousands of people because it proves to be
harmful there will be nowhere to turn. You will be on your own. If you
end up being the “walking wounded” rather than “the dead” (of
which there were 195,000 this year) you will be in luck.
-
- This new policy is a Godsend for the pharmaceutical industry,
medical device industry, doctors, hospitals and medical facilities of
all types and the insurance industry. The name of the game is
money, money, and money. Let the patient and consumer beware. The
pharmaceutical/medical device/health care insurance/physician
conglomerate has now been given free rein to intensify the “health
care money orgy” at the expense of patients and consumers.
-
- President Bush and the Republican administration at the behest of
the multi-billion dollar health care industry bigwigs have struck a
blow to ALL Americans: rich and poor; seniors and young children and
everyone in between; people of all political persuasions; and both the
healthy as well as the sick and disabled. Not a single person will be
immune to the universal effects of this new, despicable policy.
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- Lifelong conservative Republicans, the so-called right-wing
Republicans and the Republican Christian coalition will feel the
treachery of this new policy the most since they themselves will be
the one’s that are so oblivious to being stabbed in the back by the
very man they so wildly profess to admire with their support and blind
adulation.
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- Republicans, Listen Up! We are not talking about abortion rights,
nor are we talking about stem cell research; nor are we talking about
the ethics of cloning or about Bush’s “frivolous lawsuits”
obsession. We are not talking here about suing McDonalds for $5
million because you have spilled a hot cup of coffee on your lap. We
are not talking about suing a drug company because the toothpaste you
bought made you break out in hives.
-
- Republicans (and Independents), Listen Up! We are talking about your
very basic right to products that are what they say they are; products
that do what they say they will do; products that are presented and
advertised in an ethical manner; products that won’t kill you when
they claim they will save you; products that you can trust to give
your children knowing that no harm will be done. We are talking about
holding people and corporations responsible for the health care
products and services that we take for granted are safe because we are
repeatedly told they are safe. Republicans and conservatives live in
the same human body that Democrats, liberals, and Independents do.
-
- This new Bush policy cuts across all political spectrums and screws
everybody equally so the pharmaceutical and medical device industry
can operate with impunity when it comes to safety and responsibility
for their products and so their insurance companies are “off the
hook” in terms of responsibility.
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- In the upcoming election the rights of all Americans are at stake.
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- Bush’s legacy includes 18 million people unemployed;
millions more underemployed; 45 million with no health insurance
whatsoever; 55% of small businesses that can’t afford group health
insurance for their employees; 1.6 million personal bankruptcies a
year (many due to astronomical medical bills that can’t be paid);
health insurance premiums that can run over $1000 a month for a person
over 45 years old; seniors that still can’t afford their
prescription drugs in spite of the new $550 billion dollar Medicare
reform bill that has proven to be a windfall for the pharmaceutical
industry and large corporations that are dropping their private
employee prescription drug policies; a Federal deficit that will be
$450 billion this year; gas prices that have reached $2.50 a gallon in
many regions; record high $42 a barrel oil prices in spite of
liberating Iraq (one of the most oil rich nations on earth); insane
tax cuts and idiotic trade policies designed to benefit
“connected” corporate bigwigs; dozens of billion dollar corporate
scandals with CEO’s that can’t figure out where all the
stockholders money went being led off in handcuffs; a President of the
NY Stock Exchange (Mr. Grasso) who was making $180 million a year
(until he got “outed)” and who now has a $50 million
“frivolous” lawsuit against the Exchange to get more money; and
140,000 American troops stuck in a dusty, dirty, decrepit, 7th
century country (Iraq) that still can’t figure out why we came to
liberate them, what we came to liberate them from, and why we just
won’t go home so they can continue killing each other, in peace.
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- This is exactly why as a former Republican I will be voting for John
Kerry and John Edwards this year. Maybe, just maybe, they can steer
our country in a more sensible direction. Yes, President Bush keeps
claiming that we have “turned the corner”. The last President that
kept claiming we were “turning the corner” and that we could see
“the light at the end of the tunnel” was Lyndon Johnson. At least
Johnson was smart enough to step aside and not even run for a second
term.
-
- Bush and the right wing Republicans have had their “four
years”.
-
- Now we, as Americans, just need to “throw the bums
out”.
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- James Boyne
- dboyne@aol.com
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- James Boyne is a satirical, political freelance writer and has many
other articles published on www.opednews.com.
He has previously been a diehard, staunch, conservative Republican who
has voted for Goldwater, Nixon, Ford, Reagan, Bush I and Bush II, and
now made a 180 degree turnabout and supported the candidacy of
Congressman Dennis Kucinich (D-Ohio), who appears to have the
most integrity, honesty, common sense, straightforwardness,
enthusiasm, optimism, and “fire in the belly” to be possibly the
best President in recent memory. Kucinich is a progressive, populist,
liberal, Democrat and is a man of principal, intelligence and
experience. Mr. Kucinich comes from a humble background and
clearly spells out his positions on issues on his web site www.kucinich.us
so there is no question where he stands on issues. Accepting the
inevitable, that Mr. Kucinich was not nominated; Mr. Boyne plans to
vote for Senators Kerry and Edwards as the only way to save our
country from economic disaster.
-
- **It is the responsibility of all Americans to vote. You should know
where all the candidates stand on different issues; why they believe
what they do; how they plan on carrying out their plans (rather than
just empty promises); and get a sense for their character, honesty,
commitment, integrity and their vision for America and for the world.
You should know what their background is. How did they get to where
they are now? Know their life, and you will know them.
-
- Other Articles By James Boyne on www.opednews.com:
- 36
Reasons To Vote For Bush
- President
Booosh: We Are In A Pickle
- Living
Sickly, Dying Quickly
- Whoops!
Billion Dollar Cancer Drug Found to Cause Cancer To Hasten Death
- Bush:
The Greatest Liberal of the Century
- "So
Rush Just Wanted A Rush"---the Media Gives Rush Limbaugh a Break
- Was I
Globalized or Circumcized? (What It's Really Like To Get Laid Off)
- Bush's Secret Iraq Exit
Strategy
- I'm A
Stem Cell and I'm Mad As Hell
- Father's
Day Chat Between George W. Bush and George H. W. Bush
- Everything
In America to be Renamed After Ronald Reagan
- Bush
Honors Veterans By Slashing $1 Billion From Veterans Benefits
- National
Rifle Association Opens Office In Baghdad
- Sex Toys
Banned By Federal Court. Another Bush Victory?
- 12 New
Ways Bush Can Protect the Sanctity of Marriage.
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