Many people agree with our Constitution's Second Amendment that grants us
the “right” “to keep and bear arms.” Did you know
that the Seventh Amendment to the Constitution also guarantees citizens the “right
of trial by jury?” Both amendments provide protection for the individual.
That could change, however, with laws that passed the U.S. House of Representatives
on July 28, 2005 and which are being proposed in the U.S. Senate. If
this law passes the Senate, then big drug companies, medical device corporations
and wealthy medical professionals will have virtual legal immunity from many claims
caused by their negligence.
There has been a lot in the news about dangerous drugs and the power of billion
dollar drug companies. Laws that hold these drug companies and their executives
accountable send a powerful message that they cannot endanger people's lives
and get away with it.
The first trial in the country against Merck, the drug company that made the powerful
pain-killing drug Vioxx, is underway in Texas. Evidence has shown that the
drug company knew Vioxx caused heart attacks and strokes, but Merck continued selling
the “Billion Dollar Blockbuster” and chose not to warn the people taking
it.
At the same time this trial is underway, the U.S. House of Representatives voted
to give drug companies, medical device manufacturers and doctors sweeping immunities. These
laws, if passed in the U.S. Senate, will give already hugely profitable companies
an enormous windfall and will give their executives multi-million dollar pay raises. The
law will do nothing to keep dangerous and deadly drugs like Vioxx off the market,
or to allow juries to fully compensate individuals and their families for injury.
In addition, the bill gives complete immunity from punitive damages to any FDA
approved drug or medical device unless the victim can prove the company knowingly
set out to hurt that particular individual. Punitive damages are intended to deter
drug companies from doing the things Merck did with Vioxx and to dole out some
amount of punishment so they won't do it again. Without such deterrence,
history is bound to repeat itself. At the same time Merck is defending itself
for putting a drug on the market that killed 55,000 people, the big drug companies'
friends in Congress passed legislation to loosen oversight and accountability for
drug companies like Merck.
According to congressional testimony by Food and Drug Administration scientist,
Dr. David Graham, Vioxx caused an estimated 130,000 heart attacks and an estimated
55,000 deaths. Both the Justice Department and the Securities and Exchange Commission
have opened investigations into the drug company¹s actions. Thousands
of people who experienced heart attacks and strokes nationwide have filed lawsuits.
There is a reason that since 2000, Merck has spent $21,220,714 (that’s right,
over twenty-one million dollars) lobbying Congress. If this bill passes the Senate,
Merck will save billions of dollars. The courts are the last resort when
it comes to protecting the rights of individuals, and without this avenue to hold
drug companies accountable, there is no incentive for drug companies to put people
before profits. Taking away victims¹ constitutional rights to trial
by jury and imposing limits on what juries can award will not force companies now
and in the future to do the right thing and will not deter companies like Merck
from doing the same thing again.
Martin & Jones is representing Vioxx victims throughout the United States. Our
goal is to champion our clients’ claims, and promote justice and fairness
for injured persons everywhere. Call your senators today and let them know
you are not in favor of laws that take away the rights of people who are injured
and killed due to defective drugs, medical devices and medical malpractice.
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