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Actor Dennis Quaid testified again, this time before
Congress on Wednesday, about the nightmare he had been through last year when
his twins were accidentally administered 1,000 times the normal dose of a blood
thinner. His testimony is meant to urge the U.S. Congress to preserve patients’
rights to sue drugmakers for injuries.
The panel’s hearing focused on the issue of “pre-emption,”
under which FDA approval guarantees immunity for drug companies against state
lawsuits, because federal law supersedes stat law.
The Supreme Court in a February case immunized makers of
some medical devices like pacemakers from such lawsuits, and a pending case
from Vermont
making the same argument involving problems with a Wyeth prescription drug will
be argued before the high court next term, on October.
“Like many Americans, I believed that a big Problem in our
country was frivolous lawsuits. But now I know that the courts are often the
only path to justice. I believe if preemption of lawsuits is allowed to
prevail, it will basically make all of us, the public, uninformed and
uncompensated lab rats,” Quaid said at a House of Representatives committee hearing,
as quoted by Reuters.
Quaid urged to pass legislation to protect patients' ability
to sue drugmakers if the Supreme Court further restricts the suits.
He further said that a federal ban on lawsuits “would
relieve drug companies of their responsibility to make products as safe as
possible, and especially to correct drug problems when they are most often
discovered-years after their drugs are on the market.”
In November 2007, Quaid’s 2-week-old twins Thomas Boone and
Zoe Grace developed a staph infection and had to be hospitalized at Cedars-Sinai Medical
Center in Los Angeles. They were mistakenly
administered the wrong dose of Heparin because both the 10-unit pediatric dose
and the 10,000-unit adult concentration have similar labels and bottles.
Fortunately, the error was remedied and the twins survived with no permanent
damage, although long-term effects are yet unknown.
Following the incident, Quaid filed a lawsuit against
drugmaker Baxter Healthcare claiming the manufacturer was negligent in
packaging different doses of the product in similar vials and with similar
labels.
Baxter relabeled heparin before the twins were born but did
not recall the drug stock with the similar labels. The company has denied any
wrongdoing saying the overdose resulted from human error and is seeking to use
the doctrine of federal preemption to shield it from any civil liability.
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