Thursday, February 21, 2008

A new issue

The Supreme Court, in a near-unanimous decision (only Justice Ruth Bader Ginsburg dissented) has ruled that FDA approval of a medical device shields its manufacturer from lawsuits over safety defects.

Interesting: as the lovely Diane pointed out to me this morning, the FDA does not actually test for safety; it tests for efficacy, with safety concerns a distant second. And, as has become increasingly clear, the FDA has lessening interest in testing for either.

So, here's a new issue for the Democrats: Reverse the Supreme Court's decision through a new law, passed by Congress and signed by a Democratic President. Wonder if it will show up in tonight's debate.

1 comment:

Leanderthal, Lighthouse Keeper said...

We might as well rely on Caveat Emptor again.