/* mobile /* end mobile MEDDESKTOP: You Might Have To Sue FDA, Not Drug Companies! Is it Possible?

Monday, April 07, 2008

You Might Have To Sue FDA, Not Drug Companies! Is it Possible?

For years, Johnson & Johnson obscured evidence that its popular Ortho Evra birth control patch delivered much more estrogen than standard birth control pills, potentially increasing the risk of blood clots and strokes, according to internal company documents.
But because the Food and Drug Administration approved the patch, the company is arguing in court that it cannot be sued by women who claim that they were injured by the product — even though its old label inaccurately described the amount of estrogen it released.
The Bush administration has argued strongly in favor of the doctrine, which holds that the F.D.A. is the only agency with enough expertise to regulate drug makers and that its decisions should not be second-guessed by courts. The Supreme Court is to rule on a case next term that could make pre-emption a legal standard for drug cases.
The court already ruled in February that many suits against the makers of medical devices like pacemakers are pre-empted.
Looks like if you are a drug company, you can kill people and yet get complete protection from any legal proceedings against them! Welcome to political Medicine.
You can get more sick by reading this two page report by New York Times.
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