Home :: Protecting Justice :: Speak Out
Speak Out
TELL MEMBERS OF CONGRESS TO REJECT FEDERAL PREEMPTION/CORPORATE IMMUNITY BY CO-SPONSORING AND PASSING THE MEDICAL DEVICE SAFETY ACT OF 2009.
ACTION ALERT: IT'S NOT TOO LATE TO CONTACT YOUR MEMBERS OF CONGRESS! Your member of the House of Representatives and your two U.S. Senators have returned from their summer recess, ready to roll up their sleeves and get to work. This is an ideal time to contact them about co-sponsoring and supporting the Medical Device Safety Act of 2009 as it moves through committee. In addition, be sure to sign the Petition to Protect Our Health and Safety and Restore Corporate Accountability.
____________________________________________________________________________
Fair-minded members of the 111th Congress have introduced legislation to fight corporate immunity and preserve our rights to seek justice.
Many members of Congress are working hard to gain support from their colleagues for the Medical Device Safety Act of 2009. This legislation was introduced March 5, 2009, and clearly spells out Congressional intent to protect consumers who have been harmed by defective medical devices.
Bill Summary: The Medical Device Safety Act would fix the Supreme Court’s flawed Riegel decision. The bill simply does two things:
1) It restores Congressional intent by explicitly stating that actions for damages under state law are preserved.
2) It makes the amendment retroactive to the date of enactment of the Medical Devices Amendment of 1976.
Effect on Cases: This legislation would apply to cases brought on or after the date of enactment. In addition, it would apply to any cases that are still pending prior to the date of enactment. (Many pending claims will be dismissed by lower courts in light of the Riegel decision.) The bill would not resurrect claims that are barred by the expiration of state filing deadlines. It also would not apply to any cases that have been finally decided, no matter whether the decision benefited the patient or the manufacturer.
In the Senate, the Medical Device Safety Act bill is S. 540. In the House of Representatives, the bill number is H.R. 1346. (See "Legislation in Congress" in our Preemption Library to access the full text of the House and Senate bills.)
Sponsors Edward Kennedy in the U.S. Senate and Frank Pallone, Jr. in the House of Representatives are seeking additional co-sponsors for this critical legislation. Here is the list of co-sponsors of the MDSA as of August 31, 2009:
House Bill
Rep. Henry Waxman (D-CA)
Rep. Lois Capps (D-CA)
Rep. Bart Stupak (D-MI)
Rep. Sanford Bishop (D-GA)
Rep. Raul Grijalva (D-AZ)
Rep. Anthony D. Weiner (D-NY)
Rep. Maurice D. Hinchey (D-NY)
Rep. Janice D. Schakowsky (D-IL)
Rep. Bruce L. Braley (D-IA)
Rep. Michael F. Doyle (D-PA)
Rep. Gene Green (D-TX)
Rep. Robert Wexler (D-FL)
Rep. Betty Sutton (D-OH)
Rep. Joe Baca (D-CA)
Rep. Brian Higgins (D-NY)
Rep. John P. Sarbanes (D-MD)
Rep. Rubén Hinojosa (D-TX)
Rep. David Wu (D-OR)
Rep. John Dingell (D-MI)
Rep. Jerrold Nadler (D-NY)
Rep. John Olver (D-MA)
Rep. Daniel Lipinski (D-IL)
Rep. Zoe Lofgren (D-CA)
Rep. Lee Terry (R-NE)
Rep. Dennis Kucinich (D-OH)
Rep. Ed Markey (D-MA)
Rep. Diana DeGette (D-CO)
Rep. Bobby Scott (D-VA)
Rep. Debbie Wasserman Schultz (D-FL)
Rep. William Delahunt (D-MA)
Rep. Mazie Hirono (D-HI)
Rep. Earl Blumenauer (D-OR)
Rep. Lincoln Diaz-Balart (R-FL)
Rep. Robert Brady (D-PA)
Rep. Gerald Connelly (D-VA)
Rep. Gregory Meeks (D-NY)
Rep. John Conyers (D-MI)
Rep. Tim Johnson (R-IL)
Rep. Steve Rothman (D-NJ)
Rep. Kathy Castor (D-FL)
Rep. Eleanor Holmes Norton (D-DC)
Rep. Stephen Lynch (D-MA)
Rep. Howard Berman (D-CA)
Rep. Leonard Boswell (D-IA)
Rep. Adam Schiff (D-CA)
Rep. Rosa DeLauro (D-CT)
Rep. Dave Loebsack (D-IA)
Rep. Pete Stark (D-CA)
Rep. Bob Filner (D-CA)
Rep. Carolyn McCarthy (D-NY)
Rep. Bobby Rush (D-IL)
Rep. Donna Christensen (D-VI)
Rep. Tammy Baldwin (D-WI)
Rep. Gerald McNerney (D-CA)
Rep. G.K. Butterfield (D-NC)
Rep. Louise Slaughter (D-NY)
Rep. Doris Matsui (D-CA)
Rep. Eddie Bernice Johnson (D-TX)
Rep. Sheila Jackson Lee (D-TX)
Rep. Alcee Hastings (D-FL)
Rep. Al Green (D-TX)
Rep. Peter Welch (D-VT)
Rep. Artur Davis (D-AL)
Rep. Hank Johnson (D-GA)
Rep. Paul Hodes (D-NH)
Rep. Mary Jo Kilroy (D-OH)
Rep. Jim Langevin (D-RI)
Rep. Bill Foster (D-IL)
Rep. Mark Schauer (D-MI)
Rep. Jim Himes (D-CT)
Rep. Kathy Dahlkemper (D-PA)
Rep. Steve Israel (D-NY)
Rep. Neil Abercrombie (D-HI)
Rep. Peter Visclosky (D-IN)
Rep. Charlie Melancon (D-LA)
Rep. John Barrow (D-GA)
Rep. Bennie Thompson (D-MS)
Rep. Walter Jones (R-NC)
Rep. Lucille Roybal-Allard (D-CA)
Rep. Glenn Nye (D-VA)
Rep. Loretta Sanchez (D-CA)
Rep. Eric Massa (D-NY)
Rep. Tim Holden (D-PA)
Rep. Patrick Kennedy (D-RI)
Rep. Danny Davis (D-IL)
Rep. Ileana Ros-Lehtinen (R-FL)
Rep. Thomas Edwards (D-TX)
Rep. Brad Miller (D-NC)
Rep. Debbie Halvorson (D-IL)
Rep. Chet Edwards (D-TX)
Rep. Chellie Pingree (D-ME)
Rep. Nita Lowey (D-NY)
Rep. Suzanne Kosmas (D-FL)
Rep. John Hall (D-NY)
Rep. Timothy H. Bishop (D-NY)
Rep. Joe Courtney (D-CT)
Rep. Martin Heinrich (D-NM)
Rep. Russ Carnahan (D-MO)
Rep. Sam Farr (D-CA)
Rep. Michael Michaud (D-ME)
Rep. Barbara Lee (D-CA)
Rep. Mario Diaz-Balart (R-FL)
Senate Bill
Sen. Tom Harkin (D-IA)
Sen. Jack Reed (D-RI)
Sen. Sherrod Brown (D-OH)
Sen. Bernie Sanders (I-VT)
Sen. Bob Casey (D-PA)
Sen. Patrick Leahy (D-VT)
Sen. Sheldon Whitehouse (D-RI)
Sen. Dick Durbin (D-IL)
Sen. Claire McCaskill (D-MO)
Sen. Jeff Merkley (D-OR)
Sen. Jeff Bingaman (D-NM)
Sen. Chris Dodd (D-CT)
Sen. Kay Hagen (D-NC)
Sen. Tim Johnson (D-SD)
Sen. Chuck Schumer (D-NY)
Sen. Tom Udall (D-NM)
Sen. Barbara Boxer (D-CA)
Sen. Dianne Feinstein (D-CA)
Sen. Russ Feingold (D-WI)
Sen. Robert Byrd (D-WV)
Sen. John Rockefeller (D-WV)
Sen. Roland Burris (D-IL)
Sen. Kirsten E. Gillibrand (D-NY)
HERE'S WHAT YOU CAN DO TO HELP MAKE SURE THAT THE MEDICAL DEVICE SAFETY ACT OF 2009 BECOMES LAW.
Most members of Congress genuinely want to serve their constituency, and want to know where the people in their district stand. Their staff members count the number of letters, phone calls, and emails they receive on both sides of controversial issues. Your job is to let your Congressional delegation know that you stand firmly against federal preemption, and support the Medical Device Safety Act of 2009.
If you do not see the names of your two U.S. Senators, and your member of the House of Representatives, on the list of co-sponsors, your job is to urge them to join the team. Your first task, right now, is to persuade them to co-sponsor the Medical Device Safety Act. Numerous co-sponsors increase the likelihood of a bill moving quickly through the legislative process. Then, as the bills move through committee and, we hope, to a floor vote, we need your help once again to persuade members of your Congressional delegation to vote yes.
You can make the case for co-sponsorship and support by
- Writing a letter,
- Making a phone call, or
- Emailing.
Guidelines for Communications
Click here to find the names and contact information for your Congressional delegation. USE THIS SAME SITE TO SEND YOUR EMAIL INSTANTLY!
Letters and emails should be addressed as follows:
U.S. Senator
The Honorable (full name)
Room # (Name) Senate Office Building
United States Senate
Washington, DC 20510
Dear Senator:
Member of U.S. House of Representatives
The Honorable (full name)
Room # (Name) House Office Building
United States House of Representatives
Washington, DC 20515
Dear Representative:
If you prefer to use the telephone, check the website above for the direct line to your member's office. Or, dial the Congressional switchboard at 202-224-2131 and ask for the appropriate office. Remember that it is very unlikely you will be able to talk to the Member himself or herself, so ask for the Legislative Assistant who is handling this issue. Make sure to mention that you live in the Senator's state or the Representative's district.
Discussion Points for Persuasion
Here are some key points you should mention briefly in your communication:
- The U.S. Supreme Court decision in Riegel v. Medtronic took away the right of innocent victims to seek redress through the courts and to hold manufacturers of defective medical devices accountable for injury and death. Congress has an opportunity to right that wrong by passing the Medical Device Safety Act.
Consumers who are injured by faulty medical devices often suffer disabilities the rest of their lives, if they are not killed by the device. The resulting hefty medical charges leave them - and often taxpayers - footing the bill if they are not able to hold a negligent manufacturer accountable.
- The Medical Device Safety Act of 2009 would restore Congressional intent by stating clearly that actions for damages under state law would be preserved.
Ask directly for what you want: first, co-sponsorship of the Medical Device Safety Act of 2009 (either House bill 1346 or Senate bill 540, whichever is appropriate). After we know when the floor vote will take place, you should email, call, or write again to ask Senators and Representatives to vote yes.
Be sure to close with a one-sentence summary that underscores your point, then express your gratitude for consideration of your request.
If you want to add your two cents worth to the popular dialogue, you can post comments on the Washington Watch web site.
Click on http://washingtonwatch.com/bills/show/111_HR_1346.html to see what victims of unsafe medical devices, and other health care consumers, have to say about the Medical Device Safety Act of 2009. Follow the website's instructions for posting your own comments about the potential impact of this legislation. If you have a personal story related to the subject, online readers can benefit from your experience and may be persuaded to join us in supporting the bill.
Thank you for your willingness to stand up and be counted on this critical issue.
Your participation is invaluable in the grassroots movement to wipe out federal preemption, erase corporate immunity, and assure that corporations can be held accountable when their negligence takes lives and devastates families.
For more detailed information and updates, see the American Association of Justice website, www.justice.org.
More Information:
