Wyeth v. Levine update
From the Wall Street Journal Law Blog:
After the arguments wrapped up in Wyeth v. Levine…we called around and spoke to a couple lawyers who were present at the scene. Based on those convos, and an AP report, we were able to cobble together an overview of the back-and-forthing…
…the Justices took issue with Wyeth’s argument that it couldn’t update its label to add stronger warnings without first getting FDA approval. “Wyeth could have gone back to the FDA anytime†to update the label, said Justice Souter. “And it simply didn’t do it.â€
But Seth Waxman, who argued the case for Wyeth, argued … that, when the FDA has specifically considered the risk involved and rejected the sort of warning that Diana Levine seeks, then the claim is preempted because it directly conflicts with the FDA’s own determination.
The plaintiffs, on the other hand, argue that the FDA regulations are merely a floor, not a ceiling, and that state tort law augments those regulations by providing companies with incentives to inform of all possible risks…
Indeed, when Justice Kennedy asked Levine’s lawyer when preemption should apply, the lawyer said that if the FDA had adequately weighed the risks and benefits … and included those details on the label, then his client wouldn’t have a case. However, the lawyer argued, those details weren’t provided. Therefore, preemption doesn’t exist in this case.
Sounds to me like the Levine argument is more than reasonable. She was awarded $6 million after having her arm amputated — which also sounds reasonable.
Why on earth would ANYONE favor government deregulation AND the de-fanging of our tort system? Without both of these protections, consumers are completely powerless when they are injured by the actions or negligence of large corporations.
Please, don’t buy into this nonsense about tort reform being about people who are awarded $100 million dollars for spilling hot coffee on themselves. That just doesn’t happen — and in the very rare instance when it does, the monetary award is always subsequently reduced or eliminated (even if this reduction doesn’t make the headlines.)
If you want to know how hard it is for people to collect money from large corporations or wealthy individuals who have wronged them, look at the Exxon Valdez case — or the O.J. Simpson civil case for that matter. Neither Exxon nor Simpson have paid a dime since those big-money judgments made the news.
The tort reform movement is funded by large corporations. They fund tort reform because they want to make more money, plain and simple. If you buy into it, you’re not reducing your costs — you’re just increasing their margins. You’re playing into their hands.
A decision on Wyeth v. Levine is expected this week. Kaiser has a great overview of the case here.







3 Responses to Wyeth v. Levine update
Leave a Reply Cancel reply
-
-
Search Blog Posts
-
Save Even More Money!
-
-
Trending Content
-
Watch our YouTube Video
-
Categories
Big Pharma Buy prescriptions online Canadian drugs Drug costs Drug reimportation Drug safety eDrugSearch.com FDA Health 2.0 Healthcare100 Healthcare blogs Healthcare solutions Low-cost drugs Medicare Part D Merck Online pharmacies Online pharmacy safety Pfizer Pharma bloggers Pharmaceutical companies Pharmaceutical marketing Pharma cheerleaders Prescription drug abuse Prescription drug prices Prescription drugs Prescriptions Wal-Mart drug plan -
Blogroll
- Bullet Wisdom
- Bulverde Business Directory
- Christian Counseling San Antonio Tx.
- Christian Schools in San Antonio Texas
- Christian Social Network
- Christians United for Israel
- DrugWonks.com
- Eye on FDA
- GoozNews
- Health 2.0
- Hunting Forum
- In the Pipeline
- Jesus Christ Our King
- John Hagee Ministries
- Kevin, M.D.
- Local Search Marketing
- My $299 Website
- Pharm Aid
- Pharma Marketing
- PharmaGossip
- Pharmalot
- San Antonio Asphalt
- San Antonio Life Insurance
- San Antonio Pressure Washing
- Storage New Braunfels Tx
- Texas Wildlife Supply
- The Angry Pharmacist
- The Health Care Blog
- The Peter Rost Blog
- World Vision
-
Tags
big pharma Canadian drugs canadian pharmacies canadian pharmacy consumer reports craig newmark divine healing Drug costs drug prices Drug reimportation eDrugSearch.com FDA Fosamax Generic drugs healing scriptures Health 2.0 healthcare reform Hypertension Jehova Rophe Jesus Christ Lipitor Metformin miracles nabp online pharmacy dictionary online prescriptions osteoporosis peter rost Pharmacies pharmacists pharmacychecker pharmacy spam phrma Prescription drugs prescription medication Proverbs 3:5-8 reimportation relenza Roche saving money SSRI swine flu Tamiflu The Great Physician The Lord our Healer -
Recent Tweets
- eDrugSearch Blog Rank on the Healthcare100: http://t.co/VJprL4LZWl [#]
- New blog posting, How to Get Prescription Medication Without Health Insurance - http://t.co/1ZdLavB87d [#]
- 10 Tips for Safer Prescription Drug Use http://t.co/GFnMIN1mCy [#]
- New blog posting, How to Beat High Drug Prices By Comparing Low Cost Pharmacies - http://t.co/fsZ0stNZme [#]
-
Archives
-
Recent Comments
- Heather Sturges on What is the Difference Between Effexor and Cymbalta?
- Lupe Machol on Cost of diabetes drugs has nearly doubled
- Manpower For Hospital In Pune on Why is Medicine Cheaper in Canada?
- Jen on How a Canadian Pharmacy Can Help You Offset Drug Price Hikes
- nino iarajuli on Vending machine dispenses prescription drugs
[...] Yasnoff on eHealth ← Wyeth v. Levine update [...]
[...] What is your view of the Wyeth v. Levine case? How do you believe the Supreme Court should rule and [...]
[...] of the most conservative courts since Dred Scott — has swatted down Big Pharma, too in its Wyeth v. Levine ruling. According to news reports: The Supreme Court forcefully rejected calls Wednesday for [...]