Navigation Links
DRI - the Voice of the Defense Bar Responds to Supreme Court Ruling in Wyeth v. Levine
Date:3/5/2009

Prominent Legal Organization Optimistic About Ongoing Role for Federal Preemption in Future Liability Cases

CHICAGO, March 5 /PRNewswire/ -- DRI - the Voice of the Defense Bar has responded to the decision of the Supreme Court of the United States in Wyeth v. Levine, an important recent case involving the critical issue of federal preemption of state tort law.

On March 4, 2009, the Supreme Court allowed a Vermont state court jury award against Wyeth Pharmaceuticals to stand, holding that federal law did not preempt plaintiff's claim that labeling for the prescription drug Phenergan failed to adequately warn about the risks of a particular method of administration.

DRI, an international organization of 22,500 lawyers, had filed an amicus brief on behalf of Wyeth. While allowing the Vermont award, the Supreme Court clearly held open the possibility that preemption would apply in cases where the Food and Drug Administration has considered a specific risk and made a determination about the way to warn about that risk.

"Although we are obviously disappointed that the Court did not accept preemption in this case, we are gratified that the Court recognizes that there remains a role for FDA preemption in appropriate future cases," said Michael W. Davis, Chair of DRI's Drug and Medical Device Committee, and head of Sidley Austin LLP's Product Liability and Mass Torts Practice.

In its response to the Supreme Court's ruling, DRI also emphasizes the continued importance of case-specific analysis of preemption in the context of prescription drug litigation. In this particular case, so-called "changes-being effected" federal regulations played an important role. These regulations permit manufacturers to enhance warnings without prior FDA approval in certain circumstances. Absent clear evidence that the FDA would not have approved a change to its label, the Court s
'/>"/>

SOURCE DRI - The Voice of the Defense Bar
Copyright©2009 PR Newswire.
All rights reserved

Page: 1 2 3

Related medicine news :

1. Conversations with Self: Discovering the Power of Your Inner Voice: Discover How to Find and Listen to an Inner Voice That Is Encouraging and Helpful
2. Preferred Care Partners Management Group Deploys Voice-Assisted Care
3. Community Voices: Healthcare for the Underserved Announces Second Annual Freedoms Voice Conference and Awards Gala
4. Former Johnson & Johnson Executive Gives Big Voice to Small Companies
5. Legislation Would Give Texas Nurses Even Stronger Voice in Hospital Staffing
6. Central Control is First Louisiana-Based Organization to Deploy Voice-Assisted Care
7. Rural/Metro Employee Shareholders Voice Concerns At Companys Annual Meeting
8. Accessibility: Acapela Group Voice Enables Vantage Lite Innovative AAC Dedicated Device
9. Ascom Wireless Solutions Adds Voice to Their TeleCARE IP Solution
10. Healthcare Workers Picket Their National Union to Protect Their Voice for Patients
11. Jennifer & Gigi: A Story of Love and Compassion with a Hollywood Twist -- In honor of National Family Caregivers Month, CarePages.com celebrates "Grandma Gene" and gives a voice to the community of caregivers around the world
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:3/4/2015)... 2015 Today Visiopharm announces that Patrik ... joined the Visiopharm Board of Directors as ... when we are positioned to become the fastest growing ... diagnostics and research. , "Over the last ... and validation of ONCOtopix™ Dx, a complete quantitative digital ...
(Date:3/4/2015)... FL (PRWEB) March 04, 2015 Problem ... the time to join individuals and organizations across the ... the general public, health care professionals, policymakers, and others ... Florida Council on Compulsive Gambling (FCCG) and FCCG partner ... communities to screen patients for a gambling problem, to ...
(Date:3/4/2015)... (PRWEB) March 04, 2015 A new ... showing promise in terms of extending life. Studies ... that this new dieting routine can help extend life ... production clearly has long term benefits, many suffering from ... a quicker substitute is necessary. As an alternative to ...
(Date:3/4/2015)... 2015 Dietary supplement company MitoSynergy ... first biocompatible copper chelate, at Natural Products Expo West ... chance to gain insight into their wellness through a ... complex can support their individual nutritional needs, all while ... the core ingredient of the MitoSynergy product line, was ...
(Date:3/4/2015)... Jose, California (PRWEB) March 04, 2015 ... devices that are used to draw milk from the breast ... the purpose of storage and use for feeding the baby. ... due to medical complications, premature birth, or the mother being ... day because of work, among others. Breast pumps are also ...
Breaking Medicine News(10 mins):Health News:Visiopharm Appoints Patrik Dahlen as Chairman of the Board 2Health News:Visiopharm Appoints Patrik Dahlen as Chairman of the Board 3Health News:Problem Gambling - A Public Health Issue; March Is Problem Gambling Awareness Month 2Health News:Diet Doc Introduces New Alternative to the Feast and Famine Diet 2Health News:Diet Doc Introduces New Alternative to the Feast and Famine Diet 3Health News:MitoSynergy Invites Expo West Attendees to Sit Back, Relax and Take Time for Their Health 2Health News:Increase in the Number of Nursing Mothers in the Workplace Spurs the Breast Pumps Market, According to a New Report by Global Industry Analysts, Inc. 2Health News:Increase in the Number of Nursing Mothers in the Workplace Spurs the Breast Pumps Market, According to a New Report by Global Industry Analysts, Inc. 3
... might lead to lab-grown eyes, they say , WEDNESDAY, Oct. ... cellular signal that switches on eye development. , They said ... connected to eye formation. , The findings of the study, ... Nature , could be the start of a new line ...
... Late-breaking data presented at TCT 2007, the scientific ... the use of the anticoagulant bivalirudin following angioplasty in ... 24 percent compared to the standard treatment, and significantly ... percent. , Results of the HORIZONS AMI trial, ...
... at UCL (University College London) have developed a more ... age-related macular disease (AMD), the leading cause of blindness ... on a visual illusion, could lead to earlier self-diagnosis ... assistance earlier on and potentially delay loss of vision. ...
... The medical director of the,world-renowned Los Angeles Jewish Home ... elderly in the area as a result of,the multiple ... that though no one is immune to the effects,these ... more sensitive. He,offered several pragmatic health tips to deal ...
... Oct. 24 /Xinhua-PRNewswire-FirstCall/,-- Genesis Technology Group Inc. ... as,Genesis Pharmaceutical Enterprises, Inc.) ("GTEC" or "the ... Republic of China ("PRC"),today announced that it ... execute its,investor relations campaign. Genesis, through ...
... Pharmaceutical,Laboratories, Ltd. (Amex: CPD ) posted record net ... fiscal 2008, ended September 30, 2007, of,$41.4 million and ... million for the corresponding periods of fiscal 2007. This,represents ... and first six,months of fiscal 2007, respectively. Net income ...
Cached Medicine News:Health News:HORIZONS AMI trial data will help set guidelines 2Health News:'Twinkle' eye test could improve AMD diagnosis 2Health News:Medical Director of Famed Los Angeles Jewish Home Gives Tips to Elderly for Coping With Effects of Southland Fires 2Health News:Genesis Technology Group Retains CCG Elite 2Health News:Genesis Technology Group Retains CCG Elite 3Health News:Caraco Pharmaceutical Laboratories Ltd. Reports Record Net Sales for the Second Quarter and First Six Months of Fiscal 2008 2Health News:Caraco Pharmaceutical Laboratories Ltd. Reports Record Net Sales for the Second Quarter and First Six Months of Fiscal 2008 3Health News:Caraco Pharmaceutical Laboratories Ltd. Reports Record Net Sales for the Second Quarter and First Six Months of Fiscal 2008 4Health News:Caraco Pharmaceutical Laboratories Ltd. Reports Record Net Sales for the Second Quarter and First Six Months of Fiscal 2008 5Health News:Caraco Pharmaceutical Laboratories Ltd. Reports Record Net Sales for the Second Quarter and First Six Months of Fiscal 2008 6Health News:Caraco Pharmaceutical Laboratories Ltd. Reports Record Net Sales for the Second Quarter and First Six Months of Fiscal 2008 7
(Date:3/4/2015)... UPM Pharmaceuticals, a division of Gregory Pharmaceutical ... to manufacture Flibanserin 100 mg tablets. Sprout has submitted ... drug approved to treat hypoactive sexual desire disorder (HSDD), ... The tablets will be manufactured at UPM,s 475,000 ... . Dr. John M. Gregory , ...
(Date:3/4/2015)... , March 4, 2015   Mayo Clinic ... agreement to develop the next generation of wearable biosensors ... are hoping that this technology will be game-changer. These ... diabetes," says James Levine, M.D., Ph.D. , a ... are accurate, inexpensive, and can be integrated into the ...
(Date:3/4/2015)... , March 4, 2015   Aratana Therapeutics, Inc ... company focused on the licensing, development and commercialization of ... it will present at the Barclays Global Healthcare ... the Loews Miami Beach Hotel in Miami ... Peter , M.D., President and Chief Executive Officer of ...
Breaking Medicine Technology:UPM Pharmaceuticals to Manufacture Sprout Pharmaceuticals' Flibanserin Tablets 2UPM Pharmaceuticals to Manufacture Sprout Pharmaceuticals' Flibanserin Tablets 3Mayo Clinic and Gentag, Inc. Announce Agreement To Develop Wireless Sensors for Treatment of Obesity and Diabetes 2Mayo Clinic and Gentag, Inc. Announce Agreement To Develop Wireless Sensors for Treatment of Obesity and Diabetes 3Aratana Therapeutics to Present at the Barclays Global Healthcare Conference 2
... Corporation (OTC Bulletin Board: CONX), a worldwide developer and marketer ... the first fiscal quarter ended September 30, 2009, compared with ... of 2.2%. , The first quarter of fiscal 2010 produced ... $94,133 for the first quarter of fiscal 2009. The net ...
... 12 A new software technology is helping to ... by electronically identifying the sperm, eggs, resulting embryos and ... (IVF) treatment cycles. Using non-invasive Radio Frequency Identification (RFID), ... embryos during the course of treatment. If the wrong ...
Cached Medicine Technology:Corgenix Reports Financial Results for First Quarter of Fiscal 2010 2Corgenix Reports Financial Results for First Quarter of Fiscal 2010 3New Technology Reduces Risk of IVF Laboratory Mistakes by Electronically Identifying Sperm, Eggs and Other Materials for Each Patient 2New Technology Reduces Risk of IVF Laboratory Mistakes by Electronically Identifying Sperm, Eggs and Other Materials for Each Patient 3
... a national reference laboratory and a worldwide ... ARUP offers an extensive test menu of ... clinical and anatomic pathology. Owned by the ... more than half of the nation's university ...
... ARUP Laboratories is a national reference ... laboratory research and development. ARUP offers an ... unique medical tests in clinical and anatomic ... ARUP Laboratories' clients include more than half ...
... ARUP Laboratories is a national reference laboratory ... research and development. ARUP offers an extensive ... medical tests in clinical and anatomic pathology. ... Laboratories' clients include more than half of ...
... is a national reference laboratory and a ... development. ARUP offers an extensive test menu ... in clinical and anatomic pathology. Owned by ... include more than half of the nation's ...
Medicine Products: