Celebrex and Vioxx Victims about to Lose Rights?

Over the years, two systems have emerged that act to protect the American consumer. The first is the various regulatory agencies that oversee the production and distribution of products. Among them are the Department of Labor, the Consumer Product Safety Commission and of course the Food and Drug Administration (FDA). Each of these organizations has various functions, but their principle job is to protect the American consumer from unsafe situations and products.

The second system that protects the consumer is the legal system and in particular, laws known as 'torts'. These laws allow the consumer to file suit against companies that have produced dangerous products or have acted fraudulently etc. If you have been harmed by a company or their products you have the right to sue that company.

When regulatory agencies fail to do a complete job and citizens are exposed to potentially dangerous products such as Celebrex, Vioxx and Bextra there has always been the option to use the tort laws and file suit. The tort laws provided a strong monetary incentive for companies to ensure that the products that they sold were safe for consumers to use.

Bush Wants to Change the Rules

It seems that this system is about to change. President Bush feels that agencies like the FDA are 'doing a spectacular job' and that the tort laws are too strong. He wants to change them to limit your ability to file suit and he wants to limit the amount of your settlement if you succeed in court. President Bush is seeking to limit the rights of people harmed by drugs like Vioxx.

Unforunately, as is so often the case with this president, he is out of step with reality. We are living in a world of instant gratification. Companies are pushing harder and harder to get products to market - often without ensuring that they are adequately tested. Competition is intense and the push to get new products to market is heightened by shareholders that want immediate results. So, does Bush do the logical thing and give agencies like the FDA more power and money to further protect American citizens? No. He seeks to limit their ability to file suit.

FDA Failed in Vioxx and Celebrex Cases

The simple truth here is that agencies like the FDA are no longer able to do their job properly. They are grossly underfunded and in many cases quite powerless. (The FDA can't even control pharmaceutical companies advertisiing direct to the public.) When regulatory agencies such as the FDA cannot do their job, the tort laws become the only defense against corporate negligence and greed.

With Bush in power and the Republicans having received millions from the pharmaceutical companies in re-election campaign funds, it's likely that things are about to change. Do you know someone that has been hurt by the use of Vioxx? Ask if they like the proposed changes.

For a related story: Bush Protects Makers of Vioxx and Celebrex