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SCOTUS skeptical that state abortion bans conflict with federal health care law; Iowa advocates for immigrants push back on Texas-style deportation bill; new hearings, same arguments on both sides for ND pipeline project; clean-air activists to hold "die-in" Friday at LA City Hall.

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"Squad" member Summer Lee wins her primary with a pro-peace platform, Biden signs huge foreign aid bills including support for Ukraine and Israel, and the Arizona House repeals an abortion ban as California moves to welcome Arizona doctors.

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The urban-rural death divide is widening for working-age Americans, many home internet connections established for rural students during COVID have been broken, and a new federal rule aims to put the "public" back in public lands.

Proposed WI Law Change a “Get Out of Jail Free” Card?

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Monday, October 17, 2011   

MADISON, Wis. - Americans rely on the U.S. Food and Drug Administration (FDA) for protection from unsafe drugs, but an expert on the topic says the FDA isn't doing its job. Now the Wisconsin State Legislature is considering a bill which would prevent Wisconsin residents from filing lawsuits if they're harmed by a drug or medical device approved by the FDA.

Joanne Doroshow, executive director of the Center for Justice and Democracy, says the FDA may have a great team of scientists, but that isn't the problem.

"Frankly, the system is run by politicians and there's a revolving door between the government and industry in this area, so that essentially these policies are being made by industries and lobbyists."

Supporters of the proposed change say the FDA is the only protection consumers need, and that lawsuits against the drug industry make it too difficult to bring new drugs to market.

Doroshow, however, says the bill in the Wisconsin Legislature is like a "Get Out of Jail Free" card for the drug industry, because the FDA can't do the job it was created to do.

"These kinds of agencies are under-resourced, and they don't have the facilities to be able to oversee 11,000 drugs that are currently on the market. Even the U.S. Supreme Court has said that it's impossible for the FDA to properly regulate all those drugs."

Doroshow says that if the bill becomes law, Wisconsin residents will have no recourse if they're harmed by using a drug. She adds that people in Michigan are in that situation already, as theirs is the only state which now has such a law.

Doroshow says there have been many cases of drugs with FDA approval that in time turned out to be harmful, including Vioxx.

"The industry itself knew the drug was unsafe, the FDA also knew and refused to order a recall, and thousands and thousands of people got hurt. These are the kinds of situations that happen all the time, and unfortunately, with this kind of law, Wisconsin residents are going to be out of luck."

Doroshow says other prominent cases involving problem drugs like Rezulin and Trasylol show the need for Wisconsinites to have the same access to the civil justice system as the residents of 48 other states.

The proposed change in the law is LRB-2890/2 to amend WI Statute 895.0475.




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