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High Court May Immunize Big Pharma

The FDA’s new “preemption” doctrine jeopardizes consumers’ right to sue for drug-caused injuries

By Terry J. Allen

Struck by a blinding migraine, Vermont musician Diana Levine went to a clinic where she was injected with the anti-nausea drug Phenergan, produced by Wyeth Pharmaceuticals. Within weeks, the hand that had fingered her guitar was black with gangrene. Doctors amputated below the wrist and, when that failed to stop the necrosis, removed her forearm. Wyeth’s label had warned that hitting… return to article

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    I was really into what seemed like a well written and unbiased story that had legal education, current events, and a tie in with things gone wrong with government.

    It’s too bad the author could not maintain that stance and had to gratuitously toss in the the typical liberal hate mongering.

    “The revolving door also swung Randall Lutter into the post of FDA deputy commissioner for policy, where he defended the agency’s embrace of preemption before Congress. Lutter was a member of the ExxonMobil-funded, global warming-denying Annapolis Center. He was also resident scholar at the American Enterprise Institute, a right-wing think tank that takes oil and tobacco money and advocates vigorously for “tort reform.”

    All that aside, I actually agree with the stance. If the government is going to intrude into our lives ala big brother, and if they are also going to create millions of words of intrusive regulation, then there ought to be some good come out of it.

    Safe drugs and healthy profits are a good thing.

    Unsafe drugs and multimillion dollar awards send a clear message to get it right, or write a check.

    It’s too bad that our justice system is so slow there is a real chance of this victim dropping dead of old age before the absolute last word is said and done in this matter.

    United States Posted by Phillip on Sep 10, 2008 at 2:46 AM

    What would the implications of a ruling in favor of Wyeth be in terms of future suits?  Would the liability of lax recommendations fall on the FDA and thus consumers could sue the FDA instead of the drug manufacturers?

    United States Posted by shl568 on Sep 12, 2008 at 5:02 PM

    It is not enough to “watch” the election results.  FDA preemption may be the most disasterous domestic legacy of the Bush administration.  According to conservative estimates Vioxx took 40,000 lives unnecessarily.  Were it not for the threat of litigation, the drug would almost certainly have remained on the market for another 4-5 years.

    100,000 people.  That is the Bosnian genocide.

    Take action.  Americans for Drug and Device accountability is a fully bi-partisan group of healthcare professionals, patient advocates, and concerned citizens.  We neither ask nor accept financial or other support from any other group or organization.  We have initiated a petition which has been signed by Dr. David Graham, who called our attention to FDA’s inadequacies followinng Vioxx.  Read his and other comments.  There are now more than six hundred.  And, if you are inclinced, join us.

    The petition can be found at:

    http://www.ipetitions.com/petition/fdapreemptionbadmedicine/

    United States Posted by Justice in Michigan on Sep 13, 2008 at 4:52 PM
    Page 1 of 1 pages

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