AMERICANS FOR DRUG AND DEVICE ACCOUNTABILITY and JUSTICE IN MICHIGAN are bi-partisan coalitions of health-care professionals, patient advocates, business people, and concerned citizens.
We have joined forces to urge the United States Congress and the State of Michigan to guarantee the right to a day in court if a person is harmed or killed by an FDA-approved product. Specifically, we stand against the policy of FDA preemption.
What is FDA preemption? It is the doctrine that FDA approval of a drug or medical device automatically shields its manufacturer from liability, even if that manufacturer has committed negligence or fraud. Under that doctrine, Michigan citizens have been barred from the courthouse since 1996—thirteen years of justice denied. Michigan is the only state in the nation with such a law. Following a 2007 Supreme Court decision, medical device manufacturers are immune from liability in every state. It will take legislative action on both the state and national levels to reverse these injustices.
A wide range of experts - in medicine, health policy, business, and law - agree that preemption is a cataclysm for civil rights, industry accountability, and public health. The New York Times called it “a perverse legal doctrine.” The New England Journal of Medicine called it a "disaster."
Please take a moment to sign our petition to safeguard the rights and health of all of us. Your comments are also appreciated.