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You Have Rights Podcast

Preemption and the FDA

01/30/2008

Episode Description

Preemption has the ability to impact our health care system more than any other and it's barely being discussed. You can't turn on the news these days without hearing about the economy, the environment, the war and about health care but you've not heard about preemption and it is time for some public discussion about it. Preemption is a legal defense that the manufacturers of drugs and medical devices try to raise in lawsuits in order to shield themselves from any liability. Medical device and drug manufacturers frequently try to claim that the FDA's approval of a device or a drug grants them immunity, complete immunity, from being held accountable in cases when their products injured or kill people.

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