New England Journal of Medicine Sides with Plaintiff in Levine
I earlier covered the NEJM editorial that condemned FDA preemption as dangerous. Now all of the editors have written a brief in the Levine case on the side of the plaintiff.
In a first, the current and former editors of the New England Journal of Medicine have banded together and plunged into an escalating legal battle over how much FDA’s approval of drugs should shield their makers from liability claims under state laws.
The influential doctors take the side of plaintiffs, arguing that lawsuits are a needed check to protect consumers from dangerous medicines.
A case called Wyeth v. Levine is on the docket at the Supreme Court this fall, and the editors and four big-name contributors to the journal have filed a brief in support of the plaintiff, Vermont musician Diana Levine who lost an arm after an injection of the nausea drug Phenergan. She claims Wyeth failed to adequately warn of the drug’s risk and won a judgment of $6.8 million in a Vermont trial.
The NEJM signers say it’s the first time that the full roster of current and former editors of the journal has come together on a court brief.
Hmm… the most influential doctors in the world agree that preemption puts lives at risk, while a group of corporate lobbyists argue the opposite. Who do you think is right?