Federal Preemption

JAMA Editors Support Patients in Upcoming Federal Preemption Case

By Eddie Farah on October 27, 2008 - No comments

Coming up next week is an issue that affects all Americans who take any kind of drug- virtually all of us.

The case is Wyeth v. Levine and it will be before the U.S. Supreme Court on November 3rd. Now a prestigious medical journal is taking the side of consumers, which puts them squarely against the pharmaceutical industry. That’s a rare position for doctors to take.

In this case, Diana Levine, 62, was given a Wyeth drug for a migraine after she was taken to an emergency room. The Wyeth drug was a secondary drug given to minimize nausea. Now Levine wishes she had opted for the nausea.

Wyeth’s label doesn’t warn against administering the drug as she received it, through something called an IV push. The drug turned her arm gangrenous then she lost much of her right arm, a terrible tragedy for a musician.

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Protection for Bus Makers Over Our School Children

By Eddie Farah on October 18, 2008 - No comments

NHTSA, the National Highway Traffic Safety Administration, issued new rules this week that will improve the nation’s 474,000 school buses. Seat and shoulder belts will be required on small school buses. The requirement will also change seat backs making them four inches higher to 24 inches in all new buses.

Seats must also come equipped with safety latches that can be flipped up or removed without resorting to special tools. That’s the good news.

But there is a huge gap here. What about the large school buses that most children ride in? NHTSA has not resolved that question, despite the fact that all of the research shows that children would be made safer.

Instead NHTSA sets standards for seat belts on large school buses. Five major studies over the past decade have shown seat belts are needed on large school buses. But the Secretary of Transportation, Mary E. Peters said that putting seat belts on larger buses can limit capacity and force more students to walk or ride in cars.

“The last thing we want to do is force parents to choose other, less safe ways of getting their children to school,” she said.

Putting seat belts where people sit will make them less safe? NHTSA says more kids are actually hurt around school buses than inside them, but seat belts on school buses would impact about 1,900 crash injuries each year.

Public Citizen doesn’t like the omission of seat belts from large buses and Joan Claybrook, who was the administrator of the National Highway Traffic Safety Administration from 1977-81, says Public Citizen objects to NHTSAs plans to immunize manufacturers from personal injury liability. Read the rest »




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