A dark cloud of controversy has surrounded the White House, as President Bush has claimed to support a provision in a medical malpractice bill. Specifically, this bill would prevent consumers from suing drug companies for punitive damages as long as Food and Drug Administration (FDA) standards were met to win approval of their drugs.

Two popular pain medications, Vioxx and Celebrex, were recently tied to increased risks of heart attacks and strokes. The makers of these drugs say they received FDA approval and claim to have followed FDA requirements. Therefore, if the medical malpractice plan becomes a law, these drug companies, and many others, would be protected from punitive damages -- those jury awards that often reach millions of dollars to punish wrongdoing.

Medical Malpractice Bill and Legal Protections

Disagreement has surfaced regarding how much legal protection the bill would provide.

The president of the Biotechnology Industry Organization, a former representative who sponsored the bill (which passed in the House, but not the Senate, in 2004) believes the legislation would limit damages for pain and suffering to $250,000 for pharmaceutical companies, though others say damages would only be limited. That would allow consumers to seek large awards for:

• Pain and suffering
• Economic damages (such as lost time at work)

The bill would also state that if drug companies did not meet all FDA standard requirements then they would lose legal protections.

MSNBC January 17, 2005

Dr. Mercola's Comments:

Red flags immediately were risen at the obvious conflict of interest when it was announced that former U.S. Rep. Billy Tauzin announced his intention to leave Congress to join the Pharmaceutical Research and Manufacturers of America (PhRMA), as their chief lobbying group. I find it reprehensible that the government would even consider passing a bill like this. This will only facilitate similar suffering as many have endured due to taking harmful drugs "approved" by the FDA. We only have to look back a few short months at the Vioxx catastrophe to understand that it is imprudent to rely on the FDA to safeguard the public's health. Overall, I believe the tables are rapidly turning, especially since two of the leading drug companies got hit for $75 billion in the last few months. We are making a dent, but it is clear the system is desperately broken. My Vision To facilitate the transformation of the existing medical model from one that relies on drugs and surgery and other band aids; to one focused on treating and preventing the underlying causes. We will soon introduce major innovations on Mercola.com to accelerate that process by providing you even greater access to important information, and extensive access to hands-on options. You can participate in this process by referring the relevant articles that hit a target for your friends or family and send them a copy of the article along with a strong personal encouragement to sign up for our free newsletter. Related Articles: The Drug Companies Strike Back ... How Could Drug Companies be so Evil? Drug Companies Take A Financial Hit Drug Company Sued for Promoting Drugs in Exam Rooms Vioxx Increases Heart Attacks 50 Percent: FDA Study