WASHINGOTON, DC — On Wednesday in Washington, DC, Democratic members of the House Judiciary Committee sent a letter to committee Chair Bob Goodlatte (R-VA), requesting a hearing on the recent revocation of the Cole Memo by Attorney General Jeff Sessions. The Cole Memo was a Justice Department memorandum, authored by former US Deputy Attorney General James Cole […]
Meeting in Orlando Saturday ahead of the Democratic National Convention later this month, the party’s platform drafting committee dropped a moderate marijuana plank it had adopted only days earlier and replaced it with language calling for rescheduling pot and creating “a reasoned pathway to future legalization.” Bernie Sanders supporters had pushed earlier for firm legalization […]
Congressional Democrats have proposed a legislation which hopefully makes it easier to sue manufacturers of medical devices. Well, it is just a proposal! The question now is whether the proposed legislation has enough votes to pass. No doubt it will be a difficult measure to muster enough votes for either in the House or Senate.
The Medical Device Safety Act of 2009 would overturn the Court’s 2008 ruling in Riegel v. Medtronic, which dismissed a lawsuit over a ruptured catheter. That ruling brought whoops of joy from medical device firms, who had long lobbied for a position that federal law blocked, or preempted, such suits. But the Supreme Court changed the landscape yesterday in Wyeth v. Levine when it upheld a $ 6.7 million state jury verdict won by a musician from Vermont whose arm was amputated after being injected with an anti-nausea drug.
The question now is whether the proposed legislation has enough votes to pass, especially in the Senate where Minnesota Senator-elect Al Franken has yet to be seated.
No doubt it will be a difficult measure to muster enough votes for either in the House or Senate. Mark Hermann, a Jones Day lawyer who represents pharmaceutical and medical device companies, as well as a drug and device law blogger, noted that the federal law for medical devices contains a provision which specifically addresses the pre-empting of state laws and requirements, while the federal law pertaining to pharmaceuticals does not.
“If enacted, this legislation would effectively allow state courts to review medical devices and ultimately lead to a patchwork of inconsistent and confusing guidance on the use of medical treatments for patients and physicians, or limit their availability altogether,” wrote AdvaMed, in a news release.
Until a resolution ensues, plaintiff’s lawyers expect companies will continue seeking to dismiss liability lawsuits filed in state courts citing the Supreme Court’s 2008 decision. In January 2009, a federal judge in Minneapolis threw out lawsuits filed on behalf of thousands of patients who received heart defibrillators with wires capable of fracturing and producing lethal shocks.
Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.
California Democrats have approved a party platform including a plank calling for marijuana legalization, marking a major shift for the state party. As the San Francisco Chronicle reports, state party delegates moved Sunday to adopt a platform that includes support for “the legalization, regulation and taxation of pot in a manner similar to that of tobacco or alcohol.” The platform was adopted by a near-unanimous voice vote.
California Lt. Gov. Gavin Newsom, formerly the mayor of San Francisco, made the case for the position change during the Democrats’ 3-day convention in Los Angeles.
“It’s time for all of us to step up and step in and lead once again in California, just as we did in 1996. We did just that with medical marijuana,” Newsom said during his Saturday address to the convention. “But for almost 20 years now, we’ve sat back admiring our accomplishment while the world, the nation, and states like Colorado and Washington have passed us by. … It’s time to legalize, it’s time to tax, it’s time to regulate marijuana for adults in California.”
Newsom continued, “This is not a debate about hippies. This is not a debate about stoners. We can’t diminish this issue or the people involved in this debate by belittling them and trivializing them. Let me be clear. You can be pro-regulation without being an advocate for drug use.”
Watch Newsom’s Speech: http://www.youtube.com/watch?v=TXr_jp63R3E
Newsom’s remarks came less than a week after Gov. Jerry Brown (D) voiced his concerns over marijuana legalization in an interview with NBC’s “Meet The Press.”
“The problem with anything, a certain amount is okay,” Brown said. “But there is a tendency to go to extremes. And all of a sudden, if there’s advertising and legitimacy, how many people can get stoned and still have a great state or a great nation? The world’s pretty dangerous, very competitive. I think we need to stay alert, if not 24 hours a day, more than some of the potheads might be able to put together.”
Marijuana legalization has strong support in the state, with recent polls showing a clear majority of Californians in support of taxing and regulating the drug. However, voters will likely have to wait until 2016 to vote in favor of legalization — leading marijuana policy groups in the state have decided against putting a pro-pot measure on the ballot this year in order to build up campaign coffers and widen support for the bill.
The 2014 party platform also called for minimum wage hikes, stronger anti-poverty programs and prison reform. Delegates also added a plank calling for a moratorium on fracking.
Source: Huffington Post (NY)
Author: Mollie Reilly
Published: March 9, 2014
Copyright: 2014 HuffingtonPost.com, LLC
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