Last month in the case of Riegel v. Medtronic
Inc., the FDA achieved final-word status
when the Supreme Court issued an 8-1 pro-business decision that indicates the
end of your right as a consumer to protect yourself from medical devices that
cause you harm or even death.
In
a US News and World Report online article titled, Interpreting the Supreme
Court's Medical Device Decision , By Justin Ewers Posted February 22, 2008
"In enacting legislation on medical devices, Congress never intended that
FDA approval would give blanket immunity to manufacturers from liability for
injuries caused by faulty devices," Sen. Ted Kennedy said in a statement. "Congress
obviously needs to correct the court's decision." “The justices didn't actually have
that much room to maneuver, experts say: They were bound by a federal law
passed in 1976 that defined the FDA's "premarket" approval process
for medical devices—and included a specific clause preventing state law from
pre-empting it.” “The practical impact of the ruling is clear: "If you're
injured by a medical device that's been pre-approved"—whether it's a
defibrillator, a heart pump, or a drug-coated stent—"there's not much you
can do about it," says Joy Wilson, health policy director at the National
Conference of State Legislatures. What
does this mean for pharmaceutical companies? Ewers
noted, “There is no
specific federal pre-emption in statutes governing drug companies, so the
justices may have more room to decide for themselves whether the company can be
held liable for causing harm.”
The
1984 elections witnessed Senator Gary Hart winning 16 state caucuses to Walter
Mondale's 10. Despite a romantic scandal that would have prevented Hart from
winning the "Democratic Party's" nomination at the convention, Mondale had
already sealed up the votes of the 700 super delegates before the primaries had
even begun.
According
to an article in The Nation entitled Not So Super Delegates, written by Ari
Berman,
"Eugene
McCarthy won 79 percent of the vote in the Pennsylvania primary but got less
than 20 percent of the state's delegates at the convention. The rest were
picked by the party machine. The will of the voters was ignored at the
convention, and protesters on the streets outside it were met with clubs and
tear gas."
On December 13, 2007, ex-Senator from Maine George Mitchell
released a report based on a twenty-month investigation into the use of
steroids and other performance enhancing substances. Mitchell generated major
media frenzy and public shock when he released the report. He used the term
“the steroid era,” to describe the alleged widespread use of these illegal
substances over the past decade and beyond. The U.S. Congress has conducted its
own investigations into illegal use of these substances. Everyone remembers the
giant media circus where members of Congress, led by Virginia Senator Thomas
Davis, put Mark McGwire and Barry Bonds on the stand and used the opportunity
to berate the players for the use of substances of which many were not banned
at the time. Nobody wants to say that steroid or human growth hormone use is
acceptable. In fact, the justification for Congress’s involvement is the impact
on our youth that idolizes and emulates Major League players and that many have
died from the resulting health impacts of using these drugs.
As the clock ticks closer and closer to the primary frenzy
that we seem to have been endlessly leading up to, the National polls have
indicated a few surprises. The Republican voters have indicated that they are
not too happy with their field of choices, which is a surprise based on past
elections where the Republican candidate was well supported. Maybe there is a
spoiler out there somewhere hiding in the shadows, waiting for the right
opportunity to jump into the game. Texas Governor Rick Perry is a possibility,
or maybe even Newt Gingrich.
Listen carefully and it sounds like the Bush administrations'
drums of war are beating again. One of the latest targets of "concern" for the
United States is Iran, one of the original members of "the axis of evil."Maybe in the midst of being disregarded by the
Turks and being dumbfounded by President Musharraf's disregard of the warning
not to suspend elections, the Constitution, and imprison and beat his
opposition, Iran's controversial President, Mahmoud Ahmadinejad might just be the
one to bear the brunt of Bush's anger.
The U.S. Military in
March of 2005 changed its doctrine on when to use a nuclear strike to include
preemptive efforts against non-nuclear states. The political machine that lead
us charging to take out Saddam has been aggressively persuading the world that
Iran is a country that is headed for nuclear weapons development,is sponsoring terrorist organizations like
Hezbollah, and is guilty of supplying arms to Shia militia fighting the U.S.
lead military efforts in Iraq. The worlds' energy future is at stake and nearly
40% of the daily oil consumption passes right through the Strait of Hormuz. It
is no surprise to many Americans to hear that Bush may want to attack Iran on
the same grounds he attacked Iraq.
Remember doing the craziest things you could think of like
jumping off a roof in the dark, or stealing your parents' car for a joy ride
when they were out? If you do, then it was not really that unusual for your
teen or young adult brain to think that way. I was a perfect angel during my
teen years and I never got into any trouble or did anything crazy.
Brain scientists, (I love that word) have indicated that the
frontal lobe of the brain is the last part of the brain to develop. The frontal
lobe is said to be fully developed by age 25. It controls higher reasoning and
logic related to behavior. Look at most of the extreme games type athletes that
race a 16 inch wheeled bike down a vertical ramp 50 feet in length and then
launch over a 75 foot gap while upside down scratching their ass. They must be
crazy or something because I have seen the footage of how it looks facing down
that ramp. My broken older body and developed brain scream danger at me. It’s
not just close your eyes and go for it. It’s open your eyes wide and get off on
the rush of adrenaline that courses through the undeveloped brain. My developed
brain will release adrenaline also, but it’s more like the kind of adrenaline
you feel when you look in your rear view mirror to see flashing police lights.
Many Southern California communities have suffered the
tragic results of the worst wildfire in history. Hot weather and low humidity
combined with drought conditions to make the entire area ripe for disaster. Add
in a slice of Santa Ana winds with gusts up to 65 miles per hour and the
inevitable happened. Fires broke out overnight in two places on Sunday October
23, 2007. During the night, the winds picked up hot embers and carried them off
to start new fires. By Monday morning, there were over 8 major wildfires
burning out of control threatening heavily populated areas. Huge areas 100
square miles and more encompassing more than 500,000 families were evacuated.
Flames ended up blazing through many multi-million dollar homes leaving nothing
but ash and dust in their wake.
Health care coverage has evolved around the world. Many
countries, including our neighbors to the North have socialized medicine.The United States is currently ranked 37th
in overall health care performance. We spend more on technology and treatment
than any other country and we still come up less healthy. We spend more than $6,000 per capita, which
is twice as much as any country. The strong connection between a nations'
health and its productivity are too strong to ignore.
The Clinton's tried and failed to bring about universal
health care during the 1990's. It is majorly weighing on the minds of the
people in America and continues to be a major issue in the race to the white
house. Major employers like GM for example, are reporting losses due to health
care expenses. How can small and big businesses compete when it costs more to
pay for health care than they are making? It's the same old story of corporate
greed and profit impacting the quality of life. The drug and health care
companies are responsible for the killing of the health care initiative of the
1990's.
According to Divorce Magazine
about 59% of the US population is married, down from 62% in 1990, and 72% in
1970. The number of married people is declining, but the divorce rate has gone
up. In fact, the percentage of the population that is divorced has reached 10%,
up from 8% in 1990, and 6% in 1980. By age 55 95% of the population will have
married. The real focus of these statistics is the impact the divorce rate has
on the children.
Many children of divorced
families go on to face challenges that children with both parents in the same
household do not face. Growing up is hard enough alone without the added stress
of separated families, stepparents, and living in different houses with a
different parent and different norms. The societal norms have evolved since the
1970's where women were usually granted full custody. Some really conservative
states have even enacted legislation intended to protect the "best interest" of
the children. States can't control parents' decisions to divorce or to separate
if they are not married, but they can reduce the negative impact on society by
recommending parental guidelines aimed to produce functioning members of
society, not patients in hospitals with padded walls or in jail or prison. The
newly evolved guidelines are based on the recommendations of psychologists,
psychiatrists and child advocates to name a few. The terminology used in the
courts of most states is "rebuttable presumption." It means that it is presumed
that both parents are fit and capable to have custody of the child unless
proven otherwise. It is considered a rebuttable presumption that Joint Custody
represents the best interests of the child or children.
Democratic presidential hopefuls descended upon Iowa for another nationally
televised debate Sunday August 19th,
2007.
Next year at this time, we will still have a few more months until the
election. That will make this election the longest running infomercial in world
history. Watch out George Foreman and Ronco. With the way presidential
campaigning has taken a front row to most other news in the world, it is
possible to convince yourself that the election is the most important current
event, even overshadowing the profitable "mess" we have going on in Iraq. The demographics of
the United States is very well mapped out into lovely colors from the rainbow,
blue and red, making it clear that divide and conquer works well.
Ideologically the
Republican and Democratic parties are different with the key issues of gun
control, military spending, taxation, abortion, and gay marriage making up the
public's view of the battle lines. Some folks would even say that the
Republicans represent big business and world financial institutions, the status
quo. The characterization of the Democrats is that they are the party of the
people. When the voting records are tallied however, there has consistently
been amazing similarities in the results. Are the leaders that skilled at
unifying the parties despite their orientation or does it suggest the reality
of a single party system that is designed by and maintained by the rich for the
rich? People often talk about the need for a third party, but I heard the
phrase Demopublicans, as the new name for the single party we have. It's not
just voting records that indicate the similarities. Take campaign finance and
dig just below the surface and sadly to oversimplify the situation like a 9th
grade English class discussion of theme, but the theme is the pharmaceutical, insurance,
and financial lobbyists have established a system where their wealth and access
to power and decision making processes have destroyed the concept of representative
democracy. This leads us back to the Democratic debate. I did not watch the
entire broadcast and stopped taking notes after a while because I got a little
bored and could just go to each of the candidates' web sites and make a nice
collection of sound-bytes if I really wanted to report what they said. During
one of many quick nap/daydreams I could swear I heard someone say, "Not only do
you get the handy, experienced candidate of change, if you act now, you too can
get a purple, ink-stained finger to prove to everyone that democracy still
exists. What are you waiting for? Operators are standing by now to take your
call."
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