Today in the News, 2.20.09

“The lawmakers, as well as patient advocates and others, say the Supreme Court’s medical device decision has left patients legally powerless against what they criticize as spotty oversight of products by the F.D.A.” NY Times reports that members of Congress are proposing a bill that would “effectively nullify” the Supreme Court’s decision last term in Riegel v. Medtronic, in which the Court ruled that federal law preempts state lawsuits brought by patients injured by faulty medical devices. More from the WSJ Health Blog, and from us here.

“This ‘hit and run’ legal theory is like saying that once someone gets a driver’s license, that person can’t be held legally responsible for ramming your car on the freeway and sending you to the hospital.” Also on federal preemption, Nan Aron of Alliance for Justice and John Philo of the Sugar Law Center have a great op-ed in the Detroit Free Press, discussing possible implications of the Supreme Court’s anticipated ruling in Wyeth v. Levine.

“Eight years ago, the incoming Bush administration reversed a longstanding policy that gave the association’s Standing Committee on the Federal Judiciary a central, privileged role in the nomination process.” And finally, BLT discusses whether President Obama will be letting the American Bar Association back in on judicial nominations.

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