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: A Georgia LawyerEffexor: No Preemption in pending Litigation
Quote: "Wyeth has filed a motion for summary judgment arguing that the plaintiffs? state-law tort claims must be dismissed as preempted by federal law. the narrow issue for the Court is whether the defendant has presented ?clear evidence that the FDA would not have approved a change to [the drug?s] label"
The Court held: In sum, the defendant has not shown that the FDA would
not have approved a change to Effexor?s label.
Full post as published by A Georgia Lawyer on September 10, 2010 (boomark / email).
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