April 09, 2008Lawyer Criticizes Preemption Ruling By Appeals CourtI wanted to update you all a bit on the recent ruling by the Third Circuit Court of Appeals, which I wrote about earlier today. The ruling essentially hands a huge victory to Big Pharma--it can claim that FDA approval of a drug preempts state laws concerning drugs--and puts a lot of pressure on a grossly understaffed, underfunded FDA that already has its rules written for it by Big Pharma. Nice scam, I'd say. The case involved a lack of suicide warnings on Paxil and Zoloft. It's not clear to me how broadly this ruling might be applied, but methinks the pharma lawyers will go whole hog and try to get it applied to any outstanding suit faced by pharma companies. Anyhow, one of the lawyers who lost his case before the court said this: "The opinion drew a passionate response today from Sol H. Weiss, a Philadelphia lawyer who represented one of the plaintiffs. Precisely. Why Big Pharma has a problem with this...well, you know. Sunshine drives down drug sales I guess. The Wall Street Journal has more on this here. Posted by Philip Dawdy at April 9, 2008 12:13 PM
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Something I just saw on the Colbert report reminded me of this. It was this, "remember, if you can remember you're obviously not a part of the class action law suit against Prescott Pharmaceuticals." Posted by: Sally at April 10, 2008 05:52 PMThank you for posting this. As a paralegal at a medical malpractice law firm, I have had clients bawl their eyes out to me on how dangerous meds have ruined their lives, stolen their loved ones, etc. A lot of people are quick to point fingers at the "greedy blood sucking lawyers"-- but the real blood suckers are the drug companies who aren't trying on a day to day basis to help these poor people get their lives back on track. Posted by: Amber at April 13, 2008 03:41 PMPost a comment
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