Several interested parties have filed "friend of the court" briefs on the issue of preemption currently before the U.S. Supreme Court in Levine v. Wyeth.
Preemption - Bush Administration Backs Medtronic in Supreme Court January 1, 2008 According to Attorney Derek Braslow, of the Pennsylvania firm of Pogust & Braslow, "the goal of the Bush Administration's position is to achieve tort reform without obtaining consent from Congress." "The reality of preemption," he says, "allows companies to market unsafe products and avoid being sued when they deceive consumers about safety and effectiveness."
So Far, Victories Are Few as Breast Cancer
Patients Sue Wyeth Over Hormone Therapy December 17, 2007 Millrood said Wyeth suggested that progestin be added to buffer the endometrium. “Of course, Wyeth was now marketing a known carcinogen (estrogen) to be taken with another promoter of breast tissue growth, progestin, without ever conducting a single study on the effects of breast tissue,” Millrood said. “Wyeth has admitted repeatedly that it never performed any long-term study — on humans or animals — to evaluate the risk of breast cancer in women taking combination estrogen and progestin.”
Preemption Issue Weighed in Label Case December 13, 2007 In two appeals that could have a huge impact on the litigation of drug product liability cases, the 3rd U.S. Circuit Court of Appeals heard arguments this week on the issue of whether plaintiffs should be pre-empted from suing over allegedly inadequate warnings on prescription drugs because the warning labels were approved by the Food & Drug Administration.
FDA Issues Early Communication for Chantix November 21, 2007 The U.S. Food and Drug Administration (FDA), has issued an alert to physicians concerning the anti-smoking medication Chantix and the increased risk of depression, severe mood swings, suicidal ideation (thoughts), and suicidality. Click here to access the FDA's Release.
