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Federal Preemption Part V - How do I contact my Congressman and what do I say?

By Steve Lombardi

Here is a sample letter provided by the Americans for Drug & Device Accountability. You can determine the names and addresses of your elected officials by using these links:

Contact your Senator or your Representative.

September 13, 2008

Congressman's Name

Title

Street Address

City, State and zip code

Dear (Add title or name):

I am writing to express my deepest concern about FDA Preemption of medical devices and drugs. I understand that Congress will consider this issue in the arena of medical devices in bills pending before the Senate and the House of Representatives.

Product liability litigation has proven to be a strong force against poorly designed and marketed medical products that have harmed and killed hundreds of thousands of Americans, even after FDA approval. By its own admission, the current FDA is not able to protect the public from harmful drugs and medical devices. But even an ideal FDA would not have the means or the mission to insure reasonable accountability, let alone provide compensation to injured patients.

That is why, for one hundred years, FDA itself has considered civil liability and its own regulations to be mutually supportive. As one FDA Chief Counsel put it, they are "complementary systems of consumer protection." It does not make sense to throw one of those systems away.

The pharmaceutical and device industries already suffer from a devastating loss of public trust. They cannot afford another disaster – this time in the dark - and neither can we. The editors of The New England Journal of Medicine (6/3/08) stated: "In stripping patients of their right to seek redress through due process of law, preemption of common-law tort actions is not only unjust but will also result in the reduced safety of drugs and medical devices for the American people."

I look forward to hearing from you about this matter.

Sincerely,

(Add your name)

Contact your Senator or your Representative.

Originally posted at InjuryBoard by Steve Lombardi

Full post as published by Des Moines Personal Injury Lawyer on October 10, 2008 (boomark / email).