Wyeths Wins a Prempro Case
2 CommentsBy Ed Silverman // February 2nd, 2007 // 8:33 am
But there’s more to it than that. First, though, the news: A Texas state court judge dismissed a lawsuit brought by a woman who claimed the drugmaker’s hormone replacement therapy caused her to develop breast cancer. The trial was to have begun on Monday.
In a statement just issued, Wyeth wrote that Judge Caroline Baker of Harris County District Court in Houston ruled, among other things, that “the plaintiff’s ‘failure to warn’ claim was preempted by the regulation of drug labeling by the FDA.
This is a victory not only for Wyeth, but the pharmaceutical industry. Drugmakers are challenging product-liability lawsuits nationwide by arguing FDA rules preempt state courts from determining whether warning labels provide sufficient information about medicines.
Expect this ruling to reverberate.
[tags]FDA, Preemption, Prempro, Wyeth[/tags]
Melody
Yea!!! A big win for BIG PHARMA. Now, if they can by any means obtain the coveted “FDA-approved” label for their products–regardless of how many onsumers they harm or kill–they are blameless. And the doctors who prescribe FDA-approved pills are blameless. WOW! Isn’t government oversight wonderful! Always looking out for WE THE PEOPLE!
Guess until someone who’s “important” (that’s not us, Mr. & Mrs. Average American) finds that they cannot “win the Lott-o” when a family member is killed by Big Pharma, the only hope we have is this. (In the language of Pharma) those scum-sucking, bottom-feeding, ambulance-chasing lawyers will have to test this theory of deniability through the judicial system.
FDA will have to be revealed as incompetent, mis-directed, undirected, CLUELESS and/or CORRUPT ( evidence should be easily obtained). And we (Mr. & Mrs. Average American) will find our day in court long delayed as the Battle of the Giants (ABA vs. AMA) slogs through the courts.
BTW, when did FDA regulations trump the responsbilities and the authorities granted our judiciary? For that matter, when did FDA regulations supercede basic human rights?
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