News tagged with 'Federal Preemption'

Diana Levine herself speaks about the specifics of her case in a video filmed by the Alliance for Justice on the Injuryboard Web site. Alliance for Justice and Wyeth all weigh in today too following the U.S. Supreme Court Decision on Wyeth v. Levine. 

In a victory for consumer rights, the U.S. Supreme Court today ruled that consumers do have the right to sue a pharmaceutical company when it does not make a drug warning label clear enough to prevent injury.  The decision is a defeat for drugmaker, Wyeth and a victory for musician Diana Levine, who had won $7 million in a lower court ruling that Wyeth was challenging.

Pfizer will acquire Wyeth in a cash and stock deal of $68 billion that makes the world's largest drug company even larger.

Joan Petty took Vioxx for five years, twice a day.  After three heart attacks and two strokes she has enough energy to charge Merck & Co and its executives with criminal charges over Vioxx and has her day before the U.S. Supreme Court on Friday.

Joan Petty is going after pharmaceutical giant, Merck with a vengeance. The 73-year-old Ft. Pierce, Florida woman says Merck is criminal for manufacturing the medication Vioxx, and she's filed a RICO lawsuit. The U.S. Supreme Court has Petty's latest brief on the docket for Friday the 16th. 

Bloomberg News surveyed punitive verdicts and finds the billion dollar awards seem to be a thing of the past.  Judge discretion, unsympathetic jurors, changes in federal law and tort reform all seem to be having their impact on punitive awards, which are supposed to damage the wrong-doer. 

Key FDA career officials strongly objected to Bush Administration drug labeling regulations that would preempt state liability lawsuits, according to a new report by the Committee on Oversight and Government Reform.

Upon returning for a new term on Monday, the Supreme Court justices weighed a complicated legal battle, whether state laws can be used to challenge deceptive advertising of “light” cigarettes. Altria Group v. Good is the latest case in a growing debate over preemption.

Diana Levine's case to go before the US Supreme Court in a few weeks is on the front page of the New York Times and may raise the conversation about the trend of federal pre-emption.  Comments that follow the story show the sharp divisions in this country over corporate rights versus the public interest. 

The FDA is moving toward immunity for drug makers from lawsuits, according to a published proposal that pre-empts state law in favor of FDA authority. Former drug lobbyists and lawyers helped steer the FDA's direction.

Injuryboard is trying to raise the profile on federal pre-emption, the legal argument raised by vaccine makers to auto manufacturers to block your access to the courts.  Some in the business community believe its a good idea to streamline government and help corporations stay profitable.     

Two on-line petitions to Congress allow citizens to tell lawmakers what they think about federal pre-emption.  Don't know what means? Pre-emption may not be one of the hot topics in the news, celebrity chat, or featured on your morning talk show, but it has the potential to erode consumer protections and civil rights, potentially more impact on your everyday life than celebrity culture. 

The family of an 11-year-old boy with autism tried to sue three drug makers of vaccines, but a Philadelphia judge has ruled that the companies are shielded from the product liability lawsuit under federal pre-emption because the vaccines were FDA - approved.

Drug maker Wyeth is taking its final appeal of Diana Levine's case all the way to the U.S. Supreme Court to overturn her $6 million verdict. Jurors agreed that Wyeth should have changed a drug label to make it safer- Wyeth says the label is approved by the FDA. 

You may not know anything about Diana Levine or federal preemption, but her case could impact millions of Americans who take prescription drugs or use FDA-approved medical devices.  Should the FDA be the final word? Should you lose your right to hold corporations accountable?