Healthcare communications and marketing news and information

In a much anticipated decision, the Supreme Court today held that individuals have the right to sue pharmaceutical companies for harm even if the Food and Drug Administration certifies that a medication as safe and effective.  The Bush administration and lawyers for Wyeth – the defendant in the lawsuit argued before the court – suggested that drug firms should be “pre-empted” from most lawsuits over medications due to the primacy of federal law and the FDA.

Interestingly, during its last term, the Supreme Court argued that FDA approval of a medical device protects most companies from lawsuits.

I believe that if the Court had ruled that preemption applies to drug firms, this would have generated significant controversy and potentially led to calls for Congress to pass a law regarding this issue.  However, the decision maintains the current status quo.  

To learn more about the decision and commentary on it from across the Web, please click here.