Wilmington Personal Injury Lawyer - Preemption

States May Enforce Their Anti-Discrimination and Consumer Protection Laws Against National Banks

Jean Martin — Mon, 13 Jul 2009 17:32:32 GMT

Recently a state’s right to enforce its anti discrimination and fair lending practice laws on federal banks was challenged. In a five to four decision, the Supreme Court of the United States upheld states' rights in this regard by striking down a regulation by the chief federal regulator of national banks involving antidiscrimination, fair lending, and a state’s right to enforce these laws.

State laws are not normally enforced by the federal government, and this decision shows the importance of state power and influence on the issues that affect them. The federal government, thus far, has not been enforcing these laws which help combat discrimination and racism in the banking and economic industries. That the federal government has not worked with the states up to this point is quite telling.

Although this ruling provides some interesting questions as to the individual roles that the states and federal government play, and the separation of the two, it is ultimately the best decision for the nation. Fair lending and anti discrimination have become a corner stone of our economy and our society. That the federal government did not feel compelled to consider state laws regarding this is troubling given that the root of the issue is the civil and individual rights of all those that the ruling benefits. Anti discrimination and fair lending laws are vital to whom they protect. It is our duty as a nation to ensure that the rights of every citizen are protected at a state and a national level.

Originally posted at InjuryBoard by Jean Martin

Removing Defective Medtronic Leads May Pose Big Risk

Jean Martin — Tue, 07 Apr 2009 09:56:15 GMT

Much has been posted about the dangers associated with the defective Medtronic Sprint Fidelis Leads. Just recently it was revealed that there are more deaths associated with this faulty lead wire than Medtronic had previously reported. Lawsuits for injuries due to malfunctioning of the Sprint Fidelis Lead wires have been dismissed on the basis of preemption - a simple meaning being that FDA approval prevents lawsuits under state tort laws.

Now to add insult to injury, the New York Times has printed a very alarming article about the difficulty in removing these lead wires. Not only have people died as a result of a malfunction of the wires, now people are dying as a result of doctors trying to extract the wires. The procedure is quite complicated and there are a few doctors who have the necessary experience to perform it. The deaths have resulted from damage to a vein or the heart during the risky procedure causing extensive bleeding. Even the physicians who have the most experience with explanting these wires are saying that the procedure presents many challenges to them.

It's really unfair that patients and their doctors have been put in this precarious position. And it's even more unfair that Medtronic might not be held accountable for their actions.

Originally posted at InjuryBoard by Jean Martin

Dear Justices, Before You Rule on Preemption, this just in: Pfizer manipulated studies related to Neurontin

Jean Martin — Wed, 08 Oct 2008 12:43:58 GMT

Experts have concluded that Pfizer manipulated scientific studies to bolster the use of the epilepsy drug Neurontin for other uses. This report comes from experts who are reviewing documents for plaintiffs in a a lawsuit against Pfizer. Apparently Pfizer delayed the publication of some negative studies, downplayed and mischaracterized negative data, and bundled some negative data in with positive results to neutralize the findings. Pfizer now stands in the long line of pharmaceutical companies who have been accused of manipulating and controlling scientific data in order to protect the sales of their products.

I do not enjoy reporting this news. As our U.S. Supreme Court stands ready to hear a case regarding the preemption of drug liability lawsuits on the basis of FDA approval of the product, it is scary to realize our long-held fears that drug companies are controlling the studies related to their drugs and are mishandling the data coming from those studies, and perhaps misrepresenting the data to the FDA. Limiting or preventing lawsuits on behalf of those injured by drug products and medical devices is not the answer, especially as we learn that the drug companies are manipulating the science and mispresenting the safety of their drugs.

Originally posted at InjuryBoard by Jean Martin