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"FDA label doesn't quash drug suit, court says"

"FDA label doesn't quash drug suit, court says": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A Californian who is harmed by prescription drugs can sue the manufacturer for failing to warn of potential dangers, even if the product had a federally approved label, a state appeals court has ruled. Tackling an issue that is now before the U.S. Supreme Court, the appellate judges reinstated a Modesto woman's suit Thursday against the maker of a generic version of the brand-name drug Reglan, which is used against heartburn caused by acid reflux."

You can access Thursday's ruling of the California Court of Appeal for the Fifth Appellate District at this link.

Somewhat relatedly, The Boston Globe today contains an editorial entitled "No haven for dangerous drugs" that begins, "In the past 11 years, drug companies have had to pull 23 unsafe drugs from the market, even though all had won approval from the US Food and Drug Administration. In spite of this shoddy record of oversight, the companies want to be protected from lawsuits by victimized patients or their survivors on the grounds that FDA approval should protect them from liability. A Supreme Court that has proven only too willing to do the bidding of industry could give the companies what they are looking for. If it does, it will be doing just what conservatives often accuse judges of doing -- legislating from the bench."

Full post as published by How Appealing on September 27, 2008 (boomark / email).