On Jan 21, 5:11*pm, Steven Bornfeld <dentaltwinm...@earthlink.net>
wrote:
Quote:
> Simplicio wrote:
>
Quote:
> > Dr. Bornfeld, I'm going to give you a severe scolding here. You know
> > darn well
> > that the concern is that "organized dentistry" does not even publish
> > the possible
> > dangers to the public.
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>
> * * * * Happy new year Clinton. *You give dentistry more credit than it's do by
> calling it "organized".
> * * * * I understand where you're coming from. *I am not an expert in tort law,
> but I do know that requiring drugs to pass muster with the FDA has not
> prevented drugs with unacceptable side effects to slip through. *When
> they're found (Phen-fen, Vioxx) the pharmaceutical companies are
> liable--both civil liability and occasionally criminal liability.
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I do not know what is the latest with law suits against amalgam
manufacturers,
they have been sued several times (at least). I heard but don't know
for sure that one major amalgam manufacturer was successfully sued in
Europe. One problem with suing amalgam manufacturers in the US is that
it is incredibly expensive for an individual patient, wheras I think
that doctors who report adverse drug reactions make class action suits
easier. Imagine if the AMA claimed that "Vioxx could not cause serious
injury" even though many doctors felt it could, and the typical doctor
for no reason at all called a patient claiming injury from Vioxx a
"nut case".
It is also very hard to prove that Hg which is inhaled and absorbed
*beyond all doubt" caused a patients injuries to a jury of people with
normal scientific background. This is very similar to tobacco lawsuits
when companies used money and seeming reasonable doubt about how
inhaled smoke could cause injury, along with highly paid "opposition
witnesses" who basiclly lied their asses off, just like the ADA
"experts" from the "research divisions" of the dental schools (in my
opinion), to compile a winning record in court. Doesn't mean
cigarettes were safe.
What I say is if you know you are implanitng a device which may posion
a kid 10 years down the road, and you know, or organized dentistry
knows that due to the nature or how Hg is absorbed, it is very
difficult to track , does that make it right, because such a case is
harder to prove to a 12 person jury with an average sixth grade
education, many of whom may have failed basic chemistry but believe
"what the ADA says"? Your accountablility and disclosure should be in
direct proportion to the difficiulty in tracking the release of toxins
from you product to begin with, and your stature and trust in the
community should dictate the scruplousness with which you apply the
scientific method!, not used as a rational for further use, and lack
of disclosure! It is afterall dentists and manufacturers who created
the level of difficulty in determining the health impact of the
devices they use.
Dentists themselves have also sued amalgam manufacturers, one case
was close in North Carolina a couple years ago, but the company argued
that it was impossible to tell whether Hg from their product or
another companies product caused the actual injury to the dentist
during office use. I heard the dentist was in pretty bad shape during
the trial. A lot of dental assistants have also claimed to have been
posioned. This shows you how twisted the case law is when it comes to
amalgam. and I have to say judges in these cases, have acted pretty
spinless, perhaps feeling that they will not be reappointed to their
post if they are the ones who caused the publics favorite implant to
be banned from the market.
Remember how slavery was upheld again and again by case law and by
promient judges in the US courts? And as I pointed out it took decades
to get a win against the cigarette manufacturers. The bottom line is
that the court system itself is mainly a political, not a scientific
entity.
Quote:
> * * * * Dentistry is not immune to the legal process. *I see thedental
> profession as being several magnitudes weaker in terms of political
> influence than the pharmaceutical companies.
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Actually the FDA division which regulates dentistry is run by
dentists.
It is called dental devices.
Imagine if the drug division of FDA had a separate approval section
for drugs
from Merck and that section was run by staff from Merck, that is how
much
politicial influence dentistry does have. Dentists also run NIDCR, the
government agency that does dental research. the political
influence of dentistry dwarfs that of the drug companies, largely
because
the public "trusts" dentists to regulate dentistry but won't tolerate
drug companies direct control of drug approval.
Legally dentists themselves have an incredible amount of legal and
political
protection compared to drug companies, mandatory arbitration laws
which
require other dentists approval for a lawsuit to go forward ,
precidents for "standard of care" and other legal protections make it
virtually impossible
to successfully sue dentists for the use of amalgam.
Quote:
>*If someone can prove bad
> intent on the part of the dental profession, I'm sure we'll all be rode
> out of town on a rail.
>
> Best,
> Steve
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