“I think my tinfoil hat caused interference”. Your words,.. not mine.

OMG, I could have had a blast responding to that one, but I’ll be nice. Not up for another lecture from Ed at Pharmalot…

And some of them will end up working for pharma companies, or become doctors and take pens and pizzas.

Is this really the world we want? Where children grow up to become adults?

By the way, Nathan, I couldn’t view the website you posted. I think my tinfoil hat caused interference.

For Lori - “Action” can mean a lot of things. Here are some examples:

- Every preemption argument turns on a Court’s interpretation of the “intent of Congress.” Traditionally, Congress has balked at stating its will explicitly in these contexts. The most recent instance was during the mark-up over the the FDAAA bill. The relevant language was removed as part of a series of compromises needed to pass the bill. Was it worth it? I guess that’s for citizens to decide. If they don’t think so, then it is not too late for a bill to be introduced that, on its own, will state Congressional intent. That take the usual - letters, op eds, etc. When the “FDA preemption preamble” first came out, in January 06, there was strong response from Congressional opponents. But they did not tie that response into meaningful legislation.

- Above all, awareness. To this point, it’s my impression that people who live in “safe” states really do not believe they could entirely lose their right to bring suit. It took a long time to inform people in our state who were not directly affected. The media is doing a slightly better job with this, but still not well. If the citizens of New York, New Jersey, California, Massachusetts, et. al., really believed they ere on the edge of losing this right, I assume there would be some serious noise. Well, they are on the edge, so I’m hoping for noise.

- This is tougher, but a lot of the arguments in favor of preemption also hinge on certain assertions about how the FDA works, and what companies are actually required to do - and are able to get away with not doing - and still remain “in compliance.” Public or private revelations from within the agency or industry also play a role, as it certainly has historically. Of course, the FDA’s “problems” are no secret. There is a new report every few weeks in which it seems to keep getting worse.

- Physicians also can play a critical role. There was an excellent commentary in JAMA a few months back from Avorn and Kesselheim about the critical role of discovery, in civil trials, and drug safety. Their conclusions were unambiguous. And hearing docs support the critical role of civil liability carries particular weight. Maybe there’s a detailer out there who would carry this JAMA article around with the pens and pizza. Or not.

- Unfortunately, it is hard for the average person to follow the fine points of the legal arguments and precedents (it is, indeed, hard for me). And these can easily be used to mystify the issue, which, in itself, is not complicated. That’s why those of us who are not into mystifying need to push in every context - with friends, co-workers, letters to newspapers, representatives, blogs, and so on - to express our views and keep our eye on the ball (rather than the jugglers).

- The usual consumers’ rights groups are all involved to one extent or other, and can also be vehicles through which to work on this.

Well said, and I am aware, that the Preemption is one Hot Potato.

For anyone who believes in there are _appropriate_ times to bring suit, based on the Watergate questions:

1. What did they know?

2. When did they know it?

3. What did they do about it?

It is time to take action. And there is not much time left.

Sure it does, When this child turns 18, she can move to anywhere in the United States and file a Civil Lawsuit.

The other great thing about Minnesota….They dont accept the FDA Preemption!!!

This is “GREAT”. See this Story of a child who was harmed by Paxil, who got the shaft from GSK, and her Mother’s open Letter to GSK’s Attorney Sam Griffin; of KING and SPALDING, based in Georgia.

http://www.paxilharmschildren.com