The evil of preemption&immunity for negligent conduct
The New England Journal of Medicinehas published a perspectivebyLeonard H. Glantz and George J. Annas "The FDA, Preemption and the Supreme Court" that has provocative ideas about the subject. They acknowledge the obvious fact that:"Everyone would like to be immune from lawsuits" but, note that providing immunity deprives injured people of their day in court. Immunity, they point out, undermines the tort system’s goal of deterring unreasonably dangerous actions or omission. In 1992, the U.S. Supreme Court in Riegel v….