: Personal Injury and Social Security Disability Blog
Stalled Suits Against Drugmakers Proceeding After Supreme Court Preemption Decision
By Robert Kraft
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.
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...
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...