TWO BILLS, WHICH WOULD TAKE AWAY YOUR RIGHTS TO HOLD THE DRUG COMPANIES AND DRUG EQUIPTMENT MANUFACTURES TO TASK FOR SHODDY MATERIALS AND WORKMANSHIP
Throughout most of our country’s history, we as consumers have had the right to bring the individual or corporation responsible for manufacturing a faulty product to task for their carelessness or incompetence. Traditionally this recourse took place in a court of law, where all aspects of the situation would be explored, guilt or innocence established, and damages, when appropriate, accessed. But now, thanks to the Bush administration and their corporation-loving allies in Congress and on the Roberts Supreme Court, these days may be gone forever.
This attack on our rights as consumers began with the Supreme Court decision, several months back, which stripped patients using medical devices of the right to sue the manufacturers of those devices when they fail.
Now, this would be cause for distress at any time, but is particularly relevant at this point in our history when virtually everything is outsourced. While I personally am against most aspects of outsourcing, and believe that we could live quite well without the Wal-Marts of the world with their row upon row of cheaply made, inferior Chinese goods, outsourcing, from the look of it, is apparently here to stay. For this reason, our corporations need to be constantly vigilant in policing their foreign sub-contractors to insure that these organizations maintain the stringent standards for quality and workmanship that Americans are accustomed to demanding of their products. To date they have not done so, and probably will not unless forced to do so by law, a situation, which is unlikely, at least as long as George Bush remains in the White House.
The recent recalls of toxic toys and health care products from China should serve as an unforgettable example of what happens when the corporations stop at nothing to shave prices, but do so without providing for the infrastructure necessary to see that their outsourced products are safe.
Helping the corporations along in their march to irresponsible profitability is the Bush administration, who independent of the above referenced legislation, has spent the bulk of their time in office devastating the ranks of federal inspectors – the men and women who in previous administrations served as “we the people’s” last line of defense from shoddy materials, workmanship and the unchecked greed of our corporations.
Historically, perhaps the most effective recourse we have had keeping our manufacturing sector in check has been our ability to sue, and exact damages for poor quality products. Take this away and the corporate sector will become all-powerful and more out of control than it already is.
And as if the situation was not already bad enough, in the months to come, the Supreme Court is expected to take up Levine v. Wyeth. Levine v. Wyeth, according to a story published in a recent Washington Independent, will “examine the legality of a lawsuit preemption clause quietly written into an innocuous FDA labeling law in 2006”. Should the court side with coporate America as it is expected that it will on this matter as well, you and I would be barred from suing the drug companies when their products kill or maim.
Both of these affronts against the poor and the middle class are in keeping with the Bush administration’s adherence to a series of flawed theories, among them the one that awards to the corporation the rights enjoyed by, and the status of the individual.
Followers of this line of thinking believe that the corporation does not need outside regulation, that the FREE MARKET will force the corporations to self regulate, and innovate as they compete for the taxpayer’s dollar.
I only wish that this was true, but recent American history has shown the fallacy of this line of thinking. As proof of this, you need to go no farther than the damage done to the Medicare system by the Bush administration’s disastrous Part D. Drug Plan.
While this plan, as conceived, does help many of our fellow citizens, at least until they reach the gap of coverage a few thousand dollars in, it has done far more for the drug companies and insurance companies for whom, to be honest, the bill was written.
In one of those Bush administration gifts that keeps on giving, Part D drug coverage legislation prohibits Medicare, the nation’s largest insurer and purchaser of prescription drugs, from negotiating discount prices for the drugs that they purchase. This little throw-away has the net effect of transferring billions of dollars a year from the federal treasury to the coffers of drug companies in a move that can only be considered immoral and unethical.
But morals and ethics are not real concepts for the Bush administration, merely words that can be thrown like raw flesh to the cheering mobs of middle and lower class church goers who have bought George Bush’s ‘holier than thou’ bullshit.
Make no mistake; this administration is about profit, Profit for itself as in the case of Dick Cheney’s burgeoning portfolio of Halliburton stock, and profit for their followers. But this loyalty does not come cheap. Expect to see George Bush and Dick Cheney reap the riches that only a thankful corporate community can bestow when they leave office. This will come in the form of high paid directorships, consultancies and massive honorariums for appearing at dinners and sharing a few grunts.
But while this might be great for them, it does absolutely nothing for us. So what can we do?
First, it is important that we make our feelings known to our elected officials about Levine V. Wyeth, and what it would mean to us if this abomination passes. While there is probably not all that much, which we can do to sway the opinion of the Supreme Court, we can inundate our elected officials with our concerns and force them to address the matter legislatively.
The idea that anyone or anything can cause you or I bodily harm and potential loss of life and we have no recourse after the fact is downright wrong. Let your Congressman and Senator know that you think that this stinks. More importantly, remind them that this is an election year and if they cannot do the job, which you elected them to do, you will find someone who can.
And be vocal when you do this. Politicians do not react to nice talk. Sadly, it is a case of the old squeaky wheel getting action. I wish it was not so, but then, that is why I am supporting Obama.
-LIB