It's Time to Lengthen Strides in Tort Reform

Summary:

The U.S. tort system is badly broken and a bolder approach to pre-emption would help reform it.  An example of successful use of the doctrine of pre-emption was recently seen in a federal court of appeals, which ruled that the Food and Drug Administration’s exhaustive review of drugs and medical devices overrides lawsuits alleging violations of contrary state tort laws.  This position protects patients and research without eliminating the ability to seek legal redress, and could provide a template for other regulatory agencies to follow.

This article appeared in its entirety in the August 31, 2004 edition of Investor’s Business Daily.