Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases Jim and Carrie Carroll at Carroll and Carroll, P.C. represent the injured people of Pennsylvania and New York in Bradford, Sullivan, Tioga, Susquehanna, and Chemung counties in personal injury, premises liability, slip and fall, automobile accident and workers’ compensation cases
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Personal Injury

    5/22/2008
    James R. Carroll, Jr., Esquire
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    Federal Preemption: Working Against Consumers

    The lawsuit filed by actor Dennis Quaid and his wife, Kimberly, after a hospital unintentionally gave their newborn twins the wrong dosage of a blood-thinning drug is being contested by a drug maker on the grounds that it is immune from liability.

    Owing to rules that have been or are being rewritten by the Bush administration, any person filing a similar product liability lawsuit could face the same argument, greatly increasing the chances his suit would be lost or dismissed outright.

    In articles last week, the Associated Press disclosed that federal agencies are quietly rewriting the language used in regulating consumer products. Before the rewrites, the language included this sentence: ‘The final rule is not intended to preempt state tort civil actions,’ meaning a company can be sued if its products are claimed to be flawed. After the agencies’ rewrites, however, the language says federal preemption questions can indeed arise for a number of reasons. The Quaids’ case is an example of how companies can use the new language.

    See the Las Vegas Sun for the entire editorial.
    Labels: defective products government negligence preemption tort reform


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