[Congressional Record Volume 141, Number 44 (Thursday, March 9, 1995)]
[House]
[Page H2898]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        PRODUCT LIABILITY'S CHILLING EFFECT ON MEDICAL RESEARCH

  (Mr. BURR asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. BURR. Mr. Speaker, I want to bring to my colleagues' attention an 
article from Sunday's Washington Post entitled ``America, the 
Plaintiff.''
  The story starts out like this. Suppose for a moment that a small 
drug company miraculously discovers a vaccine that can prevent cancer. 
Suppose that the drug is cheap, easy to administer and has a single, 
albeit serious, drawback: One in 10,000 people who take the drug may 
experience acute vision loss. Should the company bring the product to 
market, figuring that a relative handful of people may go blind, so 
that millions of lives can be saved?
  This is a question that pharmaceutical manufacturers ask every day. 
Each day they must weigh their hopes to save human lives against the 
threat of being punished over an FDA-approved product. How many times 
will we miss the opportunity to have a cure for cancer, or AIDs, or 
even the common cold, because a manufacturer knows that one product 
liability suit will jeopardize the future use of the product and 
possibly the company.
  I hope you will keep this story in mind when you consider your vote 
today in our lifesaving bipartisan amendment to encourage manufacturers 
to market FDA-approved products.


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