7 Comments

Liability hardly matters when every product is potentially poison.

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Thank you and thank you also for taking the time to call WBEN talk radio in Buffalo. I’ve learned a lot from you & am grateful for your energy, intensity & concern for humanity. You remind us to stay in the fight!

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Pharma companies are already effectively immune from most claims by virtue of courts holding that state-law tort claims like products liability are federally preempted by FDA regs.

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I find reprehensible and Trump should have never done this...this I always rejected. They have no skin in the game.

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To clarify, Trump didn’t establish the federal preemption of liability for pharmaceuticals—the courts did many years ago. So it’s an additional layer of liability protection that pharma manufacturers already had before the pandemic.

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not correct see PREP Act, I insert additional information for you above

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I’m not disagreeing with you; I’m not talking about the PREP Act. That’s an additional protection specifically for Covid-related liability. Before Covid, the courts had already broadly granted liability protection to pharmaceutical manufacturers on the theory that the extensive federal regulations for getting a drug approved should preempt much of state tort law. So what I’m saying is, pharma companies have even more protections than just the PREP Act. They already had broad liability protection, at least for FDA approved drugs. I’m an attorney and have been published in The Journal of Law & Health, specifically on a preemption issue, so I have a some authority on this subject.

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