Wyeth loses; FDA preemption is not the law of the land.
Hooray for Civil Justice! (And Clarence Thomas.)
March 4 (Bloomberg) -- The U.S. Supreme Court ruled that patents can sue drugmakers for failing to provide adequate safety warnings, upholding a $7 million award to a musician who lost her arm after being injected with Wyeth’s Phenergan nausea treatment.
The justices, voting 6-3, said that pharmaceutical companies aren’t shielded from suit by the Food and Drug Administration’s approval of a treatment and its packaging information.
“Congress did not intend FDA oversight to be the exclusive means of ensuring drug safety and effectiveness,” Justice John Paul Stevens wrote for the court.
Source: Bloomberg.com: Worldwide
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Posted at 12:15 PM, Mar 04, 2009 in Civil Justice | Federal Preemption | News | Product Liability | Supreme Court Rulings
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