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September 19, 2008

A Very Important Case

This New York Times article details a woman who lost her hand and part of her arm after taking an anti-nausea drug. A jury found for her in a product liability suit against the drug’s maker, Wyeth, for not adequately warning about possible drug risks. This case, however, is set to be heard in front of the Supreme Court in November, in a case that will determine whether drug companies can be held liable for personal injury, provided that the drug was granted FDA approval. This legal debate, “pre-emption,” may be the most important case of the court’s term.

This issue was detailed earlier this year in reports, when medical device makers were actually shielded from personal injury lawsuits in a separate terrible decision.

Hopefully, more and more articles will emerge covering what easily could be the most important patient rights case for decades to come.


-- Dylan Blaylock

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