A very important decision was handed down by the US Supreme Court. The Court ruled that federal approval of labels giving warning about effects of drugs does not allow lawsuits under state law claiming inadequate warnings are a health risk. The ruling came in the case Wyeth vs. Levine, March 4th, 2009.What does this mean for you as a consumer? It means that just because the F.D.A. approves a warning label, it does not preclude a state lawsuit for inadequate warnings of the drug’s risks and side effects.
Before this case, the drug companies had hidden under the F.D.A.’s wing and claimed that once the F.D.A. approved the labels individual state laws were preempted (overridden by federal law). This case is important for consumers in that it gives people who have been injured a right to sue in state court if they have a case under state law.
At Hardison & Cochran we have started our own defective drug and medical device division. Brandon Evans, who used to work with a law firm that only did these types of cases, heads up the division.
We are now handling defective drugs and defective medical device cases here in house instead of referring them out to some out-of-state law firm. Ben and I felt that by keeping these types of cases in house we could ensure that our clients were getting the exceptional client service we are known for.
Hope all of you and your families have a blessed Easter.
Until Next Time,
Ken
