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: TortDeform.comWyeth loses; FDA preemption is not the law of the land.
By Justinian Lane
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
Full post as published by TortDeform.com on March 04, 2009 (boomark / email).
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SCOTUS preemption cases -- Findlaw commentary
Richard Epstein in Forbes on Wyeth v. Levine
Wyeth v. Levine: Scotus Shoots Down Wyeths Preemption Argument
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