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September 11, 2008
Supreme Court to consider whether pharmaceutical companies should be shielded from lawsuits
The Los Angeles Times (9/7, Savage) reported that "earlier this year, the Supreme Court reinterpreted a 32-year-old federal law as barring suits against makers of government-approved medical devices."
And now, "in a case to be heard this fall, the court will consider whether to extend this shield against lawsuits to the makers of prescription medicines and over-the-counter" medication.
After failing "to persuade Congress or the states to limit such suits, the Bush administration and the pharmaceutical industry went to court, and now they stand on the verge of shutting down tens of thousands of lawsuits that have cost the industry billions of dollars in jury verdicts and settlements."
According to "advocates for the pharmaceutical industry...it makes more sense to have experts at the Food and Drug Administration (FDA) -- rather than jurors -- decide whether a" medication "is safe or dangerous." Consumer rights advocates, however, "say lawsuits can compensate patients for injuries, as well as alert the public to dangers the FDA might have overlooked."
Related Links:
- "Drug makers seek shield from lawsuits," David G. Savage, Los Angeles Times, September 7, 2008.
Posted by admin at September 11, 2008 10:52 AM