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Pallone Stands Up for Victims' Rights in Opposing Medical Malpractice Legislation

July 28, 2005

"Supporters of HR 5 would like us to believe this legislation is a one-size fits all solution to skyrocketing physician premiums and health care costs, but unfortunately HR 5 refuses to address the underlying issues of health care and medical malpractice.

"The legislation Republicans bring to the floor today tramples on victims rights. I find the statute of limitations outlined in HR 5 to be unacceptable. In most states, the time allowed for a statute of limitation does not usually begin until the harm or injury is discovered. Under HR 5, victims are prevented from seeking grievances if they do not file a lawsuit within 3 years of when the injury occurred, giving no consideration to injuries discovered after that deadline.

"If the House really wants to address medical malpractice, I see no reason why HR 5 includes protections for a broad variety of medical participants--including drug and device manufacturers. I am astonished that provisions in this bill protect manufacturers, distributors and suppliers of drugs or medical devices from being sued for medical mistakes unless it can be proven that the drug or device failed to comply with a specific FDA requirement."