Dennis Quaid

A newspaper reporter just called to ask about the state of privacy[Related: Privacy Policy][Related: Privacy Policy] under electronic medical[Related: Patient Stories][Related: Medical Malpractice Story L...][Related: Patient Stories][Related: Medical Malpractice Story L...] records, which will now be spreading thanks to $20 billion in the federal economic stimulus plan.  Electronic medical records can help avoid medical mistakes, like those suffered by Dennis Quaid's newborn twins, but the privacy protections under the stimulus bill need to improve.

When Dennis Quaid went to Congress last year to testify about a threatening Supreme Court decision, it was hard to imagine the Supremes might actually listen to why consumers should able to sue drug companies over dangerous drugs when the FDA approved their labels.  The Court had already ruled consumers could not sue medical device manufacturers if the FDA approved the products.  Well, today the Supreme Court showed it heard Congress, which responded to Quaid's testimony with a threat of legislation to overturn the FDA preemption doctrine if the Court did the wrong thing.

Every year my group, Consumer Watchdog, hosts the Rage for Justice Dinner, which recognizes those who get pissed off and do something about it. They turned their anger into change. Last year we honored Dennis Quaid, whose newborn twins were given a massive overdose in the hospital that almost killed them. Dennis made the hospital spend $60 million on electronic medical record keeping and his advocacy helped make the case for a $20 billion federal investment in electronic medical records. Without rage, there can be no justice, because it is the fuel of the movement against injustice. Getting pissed off is the true power of the people if you have the right tactics and a reasonable solution built on the bedrock of strong public opinion.

On Monday, in the shadow of the election, the US Supreme Court will hear the case of Wyeth v. Levine, where the drugmaker claims that FDA approval of drug labeleing should preempt state product liability cases. (Read the Wall Street journal's backgounder on the issue.)  Actor Dennis Quaid spoke before Waxman's committee recently about how the lawsuit he filed against Baxter over the overdose of his newborn twins would be stopped by the wrong ruling, as would almost every suit against drugmakers. The Supremes are expected to rule for the drugmakers as they did previously in the Medronics case, which involved ending lawsuits over FDA approved products (as distinguished from drugs).  Waxman has vowed legislation to restore any rights the court takes away.  This could be an early and big test for America's next president. Hopefully the Supreme Court will give more deference to the FDA career officials than the lame duck president and his drug industry chronies.