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Legislature Passes Innovator Liability Legislation

Brandon Moseley

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By Brandon Moseley
Alabama Political Reporter

Tuesday, April 28, the Alabama House of Representatives passed SB 80, which has already been passed by the Alabama Senate.  SB80 was sponsored by State Senator Cam Ward (R-Alabaster).  The legislation overturns the Alabama Supreme Court’s decision in Weeks v. Wyeth, which Sen. Ward called an outlier. 

It costs an enormous amount of money to test a potential new drug.  To get FDA (US Food and Drug Administration) approval often involves animal trials and human trials with no guarantee that the FDA will give that approval.  Once approved the pharmaceutical company only has a few years to make that money back before those patents expire and every drug manufacturer is allowed to make generic versions of made brand-name manufacturers liable for injuries arising from their competitors’ generic copycat products.  The United States has a bizarre legal system that allows law firms to solicit current/former users of drugs/treatments in class action law suits claiming side effects (many of which are often known from the drug trials) and sue the drug company that in many cases has extended their lives.  Weeks v. Wyeth held the original drug company liable not just for side effects of the name brand drug they sold; but also for the side effects of the generic copies of their drug, even though they received none of that revenue and have no control over the manufacturing process by the generic drug maker.  SB80 overturns that precedent.

Senator Ward said, “Today is a significant win for businesses that champion innovation and for Alabama’s continued economic development.  Innovation should not carry with it indefinite liability, especially for products that the creator never made or sold.  Unfortunately, our Supreme Court gave life to this warped theory of ‘innovator liability,’ even though nearly every other court nationwide has squarely rejected it. But the Legislature answered the call and moved swiftly to restore the settled legal principles that have helped to make Alabama’s growing manufacturing industry an engine of growth and a source of jobs for thousands of Alabamians.”

The Alabama Senate passed SB80 by a 32-0 margin, and the House by a 86-14 margin.  Representative Jack Williams (R-Vestavia) sponsored the House companion bill, HB 110.

Historically Alabama has been considered to be one of the worst states for companies due to tort laws here.  The legislature, especially since 2010, has worked to make the laws a little more friendly for defendants and their insurance companies.

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SB80 now goes to the Governor for his signature.

Brandon Moseley is a senior reporter with eight and a half years at Alabama Political Reporter. You can email him at [email protected] or follow him on Facebook. Brandon is a native of Moody, Alabama, a graduate of Auburn University, and a seventh generation Alabamian.

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The Iron Bowl is today

Alabama will have to play without head football coach Nick Saban who has tested positive for the coronavirus.

Brandon Moseley

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The 2019 Iron Bowl (VIA ALABAMA FOOTBALL/UNIV. OF ALABAMA ATHLETICS)

The Auburn University college football team will play the University of Alabama at Bryant-Denny Stadium in Tuscaloosa on Saturday with the game kicking off at 2:30 p.m. Attendance is strictly limited because of COVID-19 restrictions. The game will be televised on CBS stations.

Alabama will have to play without head football coach Nick Saban who has tested positive for the coronavirus and is experiencing mild symptoms. Offensive coordinator Steve Sarkisian will coach the Crimson Tide in Saban’s absence. He has a 46-35 record as a head coach at USC and Washington.

Auburn will be coached by Gus Malzahn, who has a 67-33 record as a head coach. He is the fifth winningest coach in Auburn history, trailing only Shug Jordan, Mike Donahue, Pat Dye and now-Senator-elect Tommy Tuberville.

Alabama has a 7-0 record and is currently the No. 1 team in the country in the college football rankings. Auburn is 5-2 but with a win could still win the SEC West with wins in its remaining two games, and if Alabama were to lose another game down the stretch. Alabama is just one game ahead of Texas A&M for first place in the SEC West, but the Tide has the tiebreaker by virtue of having defeated the Aggies in head-to-head competition.

In addition to team honors, there is a lot riding for individual players in today’s game. Alabama redshirt junior quarterback Mac Jones has thrown for 2,426 yards and 18 touchdowns in Alabama’s first seven games. Jones’s strong performance has made him a Heisman contender and has earned him consideration as a possible first-round or high second-round draft pick by the NFL if he were to leave Alabama early.

Auburn quarterback Bo Nix has thrown for 1,627 yards and ten touchdowns over seven games.

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Alabama and Auburn played their first football game against each other in Lakeview Park in Birmingham on Feb. 22, 1893. The game is called the Iron Bowl because historically the game was played on a neutral site: Birmingham’s historic Legion Field. Birmingham at the time was best known for the iron that was mined there and then made into steel and other metal products.

The game is now played as a home and home series, but the Iron Bowl name has stuck with the rivalry.

Alabama leads the series with 46 wins to Auburn’s 37. There has been one tie. Auburn defeated Alabama 48 to 45 in last year’s high scoring contest.

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Vaccines should protect against mutated strains of coronavirus

Public health experts say it will be some time before vaccines are available to the wider public.

Eddie Burkhalter

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(STOCK PHOTO)

Multiple vaccines for COVID-19 are in clinical trials, and one has already applied for emergency use authorization, but how good will those vaccines be against a mutating coronavirus? A UAB doctor says they’ll do just fine. 

Dr. Rachael Lee, UAB’s hospital epidemiologist, told reporters earlier this week that there have been small genetic mutations in COVID-19. What researchers are seeing in the virus here is slightly different than what’s seen in the virus in China, she said. 

“But luckily the way that these vaccines have been created, specifically the mRNA vaccines, is an area that is the same for all of these viruses,” Lee said, referring to the new type of vaccine known as mRNA, which uses genetic material, rather than a weakened or inactive germ, to trigger an immune response. 

The U.S. Food And Drug Administration is to review the drug company Pfizer’s vaccine on Dec. 10. Pfizer’s vaccine is an mRNA vaccine, as is a vaccine produced by the drug maker Moderna, which is expected to also soon apply for emergency use approval. 

“I think that is incredibly good news, that even though we may see some slight mutations,  we should have a vaccine that should cover all of those different mutations,” Lee said. 

Researchers at the University of North Carolina at Chapel Hill and the University of Wisconsin-Madison found in a recent study, published in the journal Science, that COVID-19 has mutated in ways that make it spread much more easily, but the mutation may also make it more susceptible to vaccines. 

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In a separate study, researchers with the Commonwealth Scientific and Industrial Research Organisation found that while most vaccines were modeled after an earlier strain of COVID-19, they found no evidence that the vaccines wouldn’t provide the same immunity response for the new, more dominant strain. 

“This brings the world one step closer to a safe and effective vaccine to protect people and save lives,” said CSIRO chief executive Dr. Larry Marshall, according to Science Daily

While it may not be long before vaccines begin to be shipped to states, public health experts warn it will be some time before vaccines are available to the wider public. Scarce supplies at first will be allocated for those at greatest risk, including health care workers who are regularly exposed to coronavirus patients, and the elderly and ill. 

Alabama State Health Officer Dr. Scott Harris, speaking to APR last week, urged the public to continue wearing masks and practicing social distancing for many more months, as the department works to make the vaccines more widely available.

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“Just because the first shots are rolling out doesn’t mean it’s time to stop doing everything we’ve been trying to get people to do for months. It’s not going to be widely available for a little while,” Harris said.

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Tuberville looks forward to public service “probably for the rest of my life”

Tuberville’s term as senator will begin on Jan. 3 when the 117th Congress is sworn in.

Brandon Moseley

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Senator-elect Tommy Tuberville during an interview with Sean Spicer on Newsmax.

U.S. Senator-elect Tommy Tuberville, R-Alabama, told Newsmax’s Sean Spicer that he looks forward to the opportunity to give back to this country.

“After winning this and after being up here a couple of weeks and seeing how much of a difference we have made just to this point in the Senate has been gratifying,” Tuberville said. “I look forward to doing public service probably for the rest of my life.”

Tuberville said that he was 18 years old when the Vietnam War was coming to a close and then got into coaching so never served in the military and looks forward to the opportunity to give back to the country.

“As I went around the state of Alabama for those two years though I learned the respect of the people and how much that they want this country to remain the United States of America that we know and grew up in to go by the Constitution and those things. As I went through the campaign I got more and more fond of that I want to give back,” Tuberville said.

“I never served, I never gave back, but God was so good to me and my wife my family,” Tuberville said. “Giving back means so much to me after I was given so much for many, many years.”

Tuberville said that education will be a priority for him, getting education back to fundamentals like reading, writing, history and math. Tuberville said that unless the country gets back to fundamentals in education, “This country is not going to make it. We have got to get back to fundamentals and we are getting farther and farther every day.”

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Tuberville was the only Republican on Nov. 3 to defeat an incumbent Senate Democrat when he unseated Sen. Doug Jones.

“I want to be the voice for the people of Alabama,” Tuberville explained. “The previous Senator was a voice for his party, the Democratic party.”

Tuberville, a career college football coach, reiterated his position that we should play sports and send kids back to school despite the coronavirus global pandemic.

“I think we are doing a lot better in sports than we are doing in a lot of other areas,” Tuberville said. “I was keeping my fingers crossed back in August that we would let our young kids go play high school sports, number one, and then we get into college sports. There are so many people throwing negatives on why we should not do that. But I can tell you, you can see many more positives if we go back to school and we play sports. It’s important that we attack this virus as it has been attacking us. If it gives us an inch, we gotta take it.”

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Tuberville reiterated his opposition to shutting down restaurants, schools and businesses to fight the virus.

“We have to get back to everyday life,” Tuberville said. “You can’t keep shutting people down. Freedom is a power that we have. A power that we have earned because of our forefathers. We can’t give that up.”

Tuberville is an Arkansas native. He was the head football coach at Auburn University where he won an SEC championship, Ole Miss, Texas Tech, and Cincinnati. Prior to that, he was a national championship defensive coordinator at the University of Miami. He was also the defensive coordinator at Texas A&M.

Tuberville’s term as senator will begin on Jan. 3 when the 117th Congress is sworn in.

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National

UAB cancels third game

The only remaining game on UAB’s schedule is a game at Rice on Dec. 12.

Brandon Moseley

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(STOCK PHOTO)

The UAB Department of Athletics on Thursday announced that it is canceling its final home game of the season. UAB was scheduled to play Southern Mississippi on Friday at Legion Field, but the game was canceled due to continuing problems with COVID-19.

UAB has said that it will “continue to work with Conference USA on the remaining regular-season schedule.”

The only remaining game on UAB’s schedule is a game at Rice on Dec. 12.

UAB currently has a record of just four wins and three losses.

A win at Rice would guarantee the Blazers a winning season, but in this COVID altered season, a four and three or four and four record is probably good enough to be bowl eligible.

Southern Miss has had a dreadful season. They are two and seven and have two remaining games, against UTEP and Florida Atlantic. Both of those games were postponed from earlier in the season.

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Unless the season is extended a week to the 19th, there is no way for UAB and Southern Miss to make up the canceled game.

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