Let’s say you built a building, got it inspected and a certificate of occupancy issued, and then the roof caved in. You sue your builder. Then the twist – the local government files an amicus brief on behalf of the builder. Their claim? The building was issued a certificate of occupancy, so suing the builder undermines the credibility of the government.
It would be funny except that the feds are doing the same thing right now with the FDA. And in at least one case they’ve won. By way of the NY Times:
The Bush administration has been going to court to block lawsuits by consumers who say they have been injured by prescription drugs and medical devices.
The administration contends that consumers cannot recover damages for such injuries if the products have been approved by the Food and Drug Administration. In court papers, the Justice Department acknowledges that this position reflects a “change in governmental policy,” and it has persuaded some judges to accept its arguments, most recently scoring a victory in the federal appeals court in Philadelphia.
Allowing consumers to sue manufacturers would “undermine public health” and interfere with federal regulation of drugs and devices, by encouraging “lay judges and juries to second-guess” experts at the F.D.A.
As if no product has ever been FDA approved and then later been found to have serious problems and been pulled off the market (the FDA’s own website even has a page about this issue). But even more than that, it’s the idea that the government is right and people are wrong that bugs me.