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: Personal Injury and Social Security Disability BlogStalled Suits Against Drugmakers Proceeding After Supreme Court Preemption Decision
By Robert Kraft
Bloomberg News reports, "Just two months after the U.S. Supreme Court decided patients can sue drugmakers over injuries from medicines approved by the government, long-stalled lawsuits against GlaxoSmithKline Plc and Bristol-Myers Squibb Co. are again moving toward trials." On March 4, the Supreme Court ruled that "federal regulatory approval of a medicine and information about side effects doesn't shield drugmakers from claims that patients and doctors weren't adequately warned." Justice John Paul Stevens, writing for the majority, stated that "Congress did not intend FDA oversight to be the exclusive means of ensuring drug safety and effectiveness." The ruling has "already affected more than 250 lawsuits involving at least 10 companies that were in limbo before the ruling." Glaxo has "settled two cases on claims its antidepressant Paxil can make patients suicidal, after judges set trials citing the Wyeth decision." Meanwhile, "a group of Bristol-Myers lawsuits over the blood-thinner Plavix may now proceed to trial in federal court."
From the American Association for Justice news release.
Full post as published by Personal Injury and Social Security Disability Blog on April 30, 2009 (boomark / email).
Stalled Suits Against Drugmakers Proceeding After Supreme Court Preemption Decision
Bloomberg News reports, "Just two months after the U.S. Supreme Court decided patients can sue drugmakers over injuries from medicines approved by the government, long-stalled lawsuits against GlaxoSmithKline Plc and Bristol-Myers Squibb Co...
Stalled suits against drugmakers proceeding after Supreme Court preemption decision.
Bloomberg News (4/30, Fisk, Feeley) reports, "Just two months after the U.S. Supreme Court decided patients can sue drugmakers over injuries from medicines approved by the government, long-stalled lawsuits against GlaxoSmithKline Plc and Bristol-Myers Squibb Co...
Court Decision May Impact Eli Lily, Drugmakers
The Indianapolis Star (3/5) reported, In a case closely watched by drugmakers, the U.S. Supreme Court ruled that federal approval of a drug is no protection from lawsuits in state courts over safety issues that arise later -- a decision that could have implications for Eli Lilly and Co...
U.S. Supreme Court preemption decision: Altria Group, Inc. v. Good
By now, you have probably already read the Supreme Court's new preemption decision, Altria Group, Inc. v. Good, ___ U.S. ___, 129 S.Ct. 538 (Dec. 16, 2008). (See this blog post for my original coverage of this case...
Medical Device Safety Act of 2009
After the Supreme Court rejected Wyeth's preemption claim in Wyeth v. Levine, Congress took steps to reverse the Supreme Court's earlier preemption decision, Riegel v. Medtronic, Inc...
Preemption-Mania at the Supreme Court
The Supreme Court released five opinions today, four of which in one way or another deal with federal-state preemption. Three of the decisions involve classic preemption cases, i.e...
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