In-pharma Technologist.com has a good review of the Wyeth v. Levine case before the Supreme Court that, like the Riegel v Medtronic case for the medical device industry, will rule if FDA approval of pharmaceutical manufacturing and labeling processes would preempt state liability claims from the recent digitek (digoxin) and heparin manufacturing problems.
-Wes
I read this In-pharm Technologist.com article yesterday, and disagreed with its assertion that the Digitek litigation would be affected by a ruling in favor of Wyeth in the Levine Supreme Court case regarding the federal preemption doctrine.
ReplyDeleteLiability in the Digitek litigation is based on a manufacturing defect, not any failure to warn allegations.
To learn more about the Digitek litigation, see:
http://www.druginjurylaw.com/Digitek-information.php
To learn more about the application of federal preemption in lawsuits concerning unsafe drugs and medical devices, see:
http://www.drug-injury.com/druginjurycom/federal_preemption/index.html