President to Push for Limits on
Med Mal and
Medical Products Liability
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Efforts to Federalize Class Actions and Bail Out Asbestos Companies Will Follow; Repeal of
Eli Lilly Co. Immunity for Thimerosal Will Lead to Early Consideration of Broader Vaccine Legislation
President Bush this week will announce his support for sweeping limits on the rights of patients injured by medical
malpractice, defective drugs, medical products, and nursing home abuse.
In a major speech at 1 p.m. Eastern Time this Thursday, January 16th at the University of Scranton in Scranton,
Pennsylvania, the President will advocate caps on non-economic damages, elimination of
joint and several liability, limits on attorney fees and measures sought by the insurance industry and many in the medical community.
It is anticipated that members of Congress supporting the
insurance industry proposal that the President is expected to endorse will seek early consideration of legislation.
Among the other legislation in this Congress are bills to federalize virtually all class actions (which is also likely to be
considered early in the session) and to bail out the asbestos industry by establishing restrictive medical criteria
which victims would be required to meet before being able to exercise their legal rights.
With regard to the provision that mysteriously appeared at the last minute in the Homeland Security Act, the
vigorous efforts of a widespread coalition opposing the provision that immunized
pharmaceutical companies from litigation related to the vaccine preservative Thimerosal culminated Friday with an announcement that the
Senate leadership had agreed to repeal the provision. The additive has been implicated as a cause of autism.
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