Personal Injury Law

Georgia Injury Lawyers Will Closely Watch A Dangerous Drugs Case

Georgia injury lawyers will closely watch an upcoming U.S. Supreme case having to do with dangerous drugs and the doctrine of pre-emption. The Supreme Court is scheduled to hear arguments today in a case that has major implications for consumers who have been harmed by prescription medications. Drugmaker Wyeth Pharmaceuticals and the Bush administration are challenging a $6.7 million verdict to a Vermont musician whose arm was amputated after medical staff improperly administered the Wyeth-produced drug Phenergan. Wyeth and the administration argue people who are harmed by drugs approved by the Food and Drug Administration should not be able to pursue damages under state laws. At issue is whether the federal government can limit lawsuits by consumers who have been harmed by prescription medications. In the case before the Supreme Court a Vermont jury awarded the plaintiff $6.7 million, agreeing that Wyeth should have been clearer in its warning label about the risks of improperly administering the drug. Wyeth and the administration, however, are asking the court to rule that drug makers may not make changes to labels without the approval of the Food and Drug Administration and that people cannot sue under state law for harm caused by an FDA-approved drug. In other words, if the FDA has approved the labeling, the drug manufacturer is immune from suit. In recent years, the Bush administration and business groups have aggressively pushed limits on lawsuits through the doctrine of pre-emption - asserting the primacy of federal regulation over rules that many times differ from state to state and which often provide greater consumer protection than what is afforded them under federal law, in federal courts.

Full post as published by Georgia Injury Lawyer Blog on November 08, 2008 (boomark / email).