Friends,

As we predicted in Florida, it seems many of our tort reform fears are materializing.

I've attached the Philadelphia Inquirer article, "Medical-Device Immunity, FDA to the Rescue?", dated February 27, 2008, as well as the transcript from the U.S. Supreme Court Argument yesterday.

The Supreme Court's path is incomprehensible... using their logic, one could argue that we need to prohibit all medical malpractice claims because juries are not intelligent enough to determine if the doctor committed malpractice and we should leave that decision to the state medical board. The medical board can stop the doctor by removing his license (just as the FDA can remove the drug from the market - even though it actually can't) and who cares about compensating the injured patient. Why not also grant immunity for car accidents since the police have jurisdiction over traffic rules. Clearly, the Supreme Court is agenda driven. Hold on tight... it's going to be an interesting ride.

Best regards,



Richard


RJA:jd

Enclosure

Tort%20Reform%20Article.pdf

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Richard J. Arsenault

rarsenault@nbalawfirm.com
nbalawfirm.com
(318) 487-9874