[Congressional Record Volume 157, Number 21 (Thursday, February 10, 2011)]
[Extensions of Remarks]
[Page E199]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                DEFEND AMERICANS FROM DRUG MANUFACTURERS

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                            HON. BOB FILNER

                             of california

                    in the house of representatives

                      Thursday, February 10, 2011

  Mr. FILNER. Mr. Speaker, I recently introduced H.R. 542, the Consumer 
Protection Act. This bill will repeal the Learned Intermediary Doctrine 
and allow the American consumer to sue a drug manufacturer directly.
  Medications are meant to heal us, but sometimes, something goes 
horribly wrong, and the medicine that was supposed to make us better, 
only makes us sicker. When this happens, Americans should be able to 
hold the drug manufacturers responsible.
  However, because of a court precedent called the Learned Intermediary 
Doctrine, Americans are not able to sue the manufacturers of the drug 
that harmed them. According to the Learned Intermediary Doctrine, a 
patient cannot sue the drug manufacturer on the grounds that their 
doctor (the Learned Intermediary) should be able to warn them about the 
possible negative side effects.
  However, in this day of direct to consumer advertising, so often 
Americans get their information about medication from the 
manufacturer's advertising, or off the internet. H.R. 542, the Consumer 
Protection Act, will repeal the Learned Intermediary Doctrine, allowing 
the consumer to sue the drug manufacturer directly. If drug 
manufacturers are able to advertise directly to the consumer, then they 
must be held responsible when something goes wrong.

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