The US Supreme Court ruled in March, 2009 that pharmaceutical companies can be sued over serious side effects of drugs even when warning labels have been approved by the Federal Drug Administration.The court rejected arguments by Wyeth, the drug's manufacturer, that the Federal Drug Administration had approved warning labels for the drug and that that took precedence over the state law under which the suit was brought.
"In short, Wyeth has not persuaded us that failure-to-warn claims like Levine's obstruct the federal regulation of drug labeling," Justice John Paul Stevens writing for the majority said. Congress has repeatedly declined to preempt state law, and the FDA's recently adopted position that state tort suits interfere with its statutory mandate is entitled to no weight," the opinion said.
Lawyers said the judgement opens the way for individuals to bring lawsuits against manufacturers for negligence even when the FDA has approved a drug and the warning labels it bears."
Summary of the Case: *http://www.oyez.org/cases/2000-2'009/2008/2008_06_1249/
Comments & Implications for statin victims*
http://theuniversalseduction.com/articl ... re-emption