Monday, August 18, 2008

Important Supreme Court Pharma Case to be Heard

In damage cases filed against pharma companies, many times the companies claim that they cannot be sued because the FDA approved the drug in question. Soon the Supreme Court will hear a case that wants consumers to be allowed to sue even if the FDA has approved a drug. This could be very interesting.

Not only are six current and formers editors of the New England Journal of Medicine supporting the consumers' right to sue but 47 state attorney generals and two former FDA commissioners are supporting the move as well.

Perhaps as a nation, we will soon formally recognize that the FDA cannot be relied upon to insure a safe pharmaceutical sysem.

Duncan

Here is a excerpt from a news article with link from Pharmagossip:

In a brief filed with the US Supreme Court, six current and former editors of the New England Journal of Medicine stated that consumers should be allowed to sue pharmaceutical firms for failing to warn about a drug's dangers, even if its prescribing information was approved by the FDA. The brief was filed in case being reviewed by the Supreme Court in which a jury awarded $6.8 million to a plaintiff who had her arm amputated after being injected with Wyeth's nausea drug Phenergan (promethazine).

http://pharmagossip.blogspot.com/

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