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:7/28/2014)... Dawn Echols’ professional background spans success in multiple ... has honed her people skills and led her ... ( http://dawningphoenix.com ) work includes private practice, EAP, ... violence. , As owner and executive director ... and groups for a variety of disorders. Dawn ...
(Date:7/28/2014)... Ticket Down is reliable source ... Dallas, TX at the Cotton Bowl. The 2014 Guinness ... and it is an eight team tourney. The tournament ... teams from La Liga, Serie A, English Premier League, and ... out on the pitch include: Manchester United, Manchester City, ...
(Date:7/28/2014)... Braintree, Massachusetts (PRWEB) July 28, 2014 ... the Summit Provider Exchange technology solution ... office integration efforts and support collaboration with their ... 242 bed acute-care medical center located in New ... 800,000 seasonal visitors with a variety of inpatient ...
(Date:7/28/2014)... July 28, 2014 (HealthDay News) -- British researchers report ... far fewer germs around. In their experiments, the ... more germs from one person to the other than ... the more casual exchange might suffice as a cultural ... findings are published in the August issue of the ...
(Date:7/28/2014)... Washington, DC (PRWEB) July 28, 2014 ... recipe app for iOS, App is available on iTunes for ... first of its kind, Audio Chef allows you to listen ... gourmet cuisine the easy way: simply get out the ingredients ... no need to measure or prepare ingredients ahead of time, ...
Breaking Medicine News(10 mins):Health News:Dawn M. Echols, M.S., LPC of Dawning Phoenix Speaks at Newly Formed Task Force 2Health News:Real Madrid vs. AS Roma Tickets Cotton Bowl Dallas, TX: Ticket Down Cuts Ticket Prices for AS Roma vs. Real Madrid International Champions Cup Tickets 2Health News:Real Madrid vs. AS Roma Tickets Cotton Bowl Dallas, TX: Ticket Down Cuts Ticket Prices for AS Roma vs. Real Madrid International Champions Cup Tickets 3Health News:Cape Regional Medical Center Chooses Summit Provider Exchange to Connect With NJSHINE and Physician Offices 2Health News:Cape Regional Medical Center Chooses Summit Provider Exchange to Connect With NJSHINE and Physician Offices 3Health News:'Fist Bump' May Beat Handshake for Cleanliness 2Health News:'Fist Bump' May Beat Handshake for Cleanliness 3Health News:Audio Chef Co. Releases Audio Cooking App for iPhone/iPad/iPod touch 2Health News:Audio Chef Co. Releases Audio Cooking App for iPhone/iPad/iPod touch 3Health News:Audio Chef Co. Releases Audio Cooking App for iPhone/iPad/iPod touch 4
... , , DENVER, Aug. 25 ... the life of a beloved pet--yours or someone else,s. Morris Animal Foundation,s (MAF) ... animal lovers an opportunity to improve the future of animal health. ... names of the pet owner and the pet and include a built-in frame ...
... for a non-invasive diagnostic test , TUESDAY, Aug. 25 (HealthDay ... oral cancer, researchers have found that saliva contains at least ... U.S. researchers measured microRNA levels in the saliva of 50 ... They identified at least 50 microRNAs that may be associated ...
... , WASHINGTON, Aug. 25 Covenant ... States $4.5 million to resolve allegations that it violated the False ... , This settlement resolves allegations that Covenant submitted false ... violated the Stark Law. The Stark Law prohibits a hospital ...
... , IRVINE, Calif., Aug. 25 Masimo ... and Measure-Through Motion and Low-Perfusion pulse oximetry, announced today that ... Report as one of ,America,s Best Children,s Hospitals, has completed ... , , Masimo SET has been clinically ...
... , Clearinghouse Served Hundreds of Community-Based Health Organizations ... A casualty of California Governor Arnold Schwarzenegger,s draconian cuts in ... The L.A. Gay & Lesbian Center, which operated the program ... of AIDS that all funding for it had been eliminated. , ...
... 2009) The Henry M. Jackson Foundation for the ... Uniformed Services University of the Health Sciences doctoral students ... program, established in 1988, is comprised of two Henry ... Each fellow receives a stipend and travel support. ...
Cached Medicine News:Health News:Honor Spirit and Memory of a Special Pet During National Pet Memorial Month 2Health News:Saliva May Help Spot Oral Cancer Early 2Health News:Update: Covenant Medical Center to Pay U.S. $4.5 Million to Resolve False Claims Act Allegations 2Health News:Childrens Hospital Los Angeles Completes Conversion to Masimo SET(R) Pulse Oximetry Technology 2Health News:Childrens Hospital Los Angeles Completes Conversion to Masimo SET(R) Pulse Oximetry Technology 3Health News:Childrens Hospital Los Angeles Completes Conversion to Masimo SET(R) Pulse Oximetry Technology 4Health News:Childrens Hospital Los Angeles Completes Conversion to Masimo SET(R) Pulse Oximetry Technology 5Health News:Schwarzenegger's Budget Cuts Force Closure of California AIDS Clearinghouse 2Health News:Henry M. Jackson Foundation names fellowship award winners 2
(Date:7/28/2014)... , July 28, 2014 Reportbuyer.com has ... Global Bone Densitometers Market 2014-2018 ... bone densitometry scan is a special type of X-ray ... bone. It is used primarily to detect osteopenia or ... and the risk of fractures is high. The purpose ...
(Date:7/28/2014)... July 28, 2014 /PRNewswire-iReach/ -- June 28 th , 2014 ... has developed the AMAS cancer test, is making its AACC ... date, the test, which is a serum-based in vitro immunoassay, ... as a significant tool in the fight against cancer recurrence. ... With an estimated 17 million cancer survivors in the US ...
(Date:7/28/2014)...  Surgical Theater, LLC announced today the addition ... Board. New members include Ori J. Braun ... and New Technologies for Given Imaging Ltd., and ... President and General Manager of Philips Healthcare,s Computer ... technology to brain surgery and has developed software-based ...
Breaking Medicine Technology:Global Bone Densitometers Market 2014-2018 2Global Bone Densitometers Market 2014-2018 3Global Bone Densitometers Market 2014-2018 4Global Bone Densitometers Market 2014-2018 5Oncolab, Inc. Exhibits Pioneering AMAS Cancer Test at AACC 2Surgical Theater Names Former Given Imaging Ltd. and Philips Healthcare Executives to Business Advisory Board 2Surgical Theater Names Former Given Imaging Ltd. and Philips Healthcare Executives to Business Advisory Board 3Surgical Theater Names Former Given Imaging Ltd. and Philips Healthcare Executives to Business Advisory Board 4Surgical Theater Names Former Given Imaging Ltd. and Philips Healthcare Executives to Business Advisory Board 5
... Companies to Lead Public and Investor Relations Efforts -- BEIJING, Sept. 8 /PRNewswire-Asia-FirstCall/ -- ... ... if (typeof(lpUnit)==,undefined,) var lpUnit=,PRN,; --> ... ""; BitlyCB.alertResponse = function(data) { var s = ,; var first_result; // Results are keyed by ...
... FALLS, Idaho, Sept. 8 International Isotopes Inc. (OTC ... an agreement with URENCO USA to provide assistance to ... State of New Mexico permitting processes. INIS ... Commission (NRC) in December 2009 for the construction of ...
Cached Medicine Technology:Lotus Pharmaceuticals Announces Engagement of RedChip Companies to Lead Public and Investor Relations Efforts 2Lotus Pharmaceuticals Announces Engagement of RedChip Companies to Lead Public and Investor Relations Efforts 3Lotus Pharmaceuticals Announces Engagement of RedChip Companies to Lead Public and Investor Relations Efforts 4Lotus Pharmaceuticals Announces Engagement of RedChip Companies to Lead Public and Investor Relations Efforts 5Lotus Pharmaceuticals Announces Engagement of RedChip Companies to Lead Public and Investor Relations Efforts 6Lotus Pharmaceuticals Announces Engagement of RedChip Companies to Lead Public and Investor Relations Efforts 7Lotus Pharmaceuticals Announces Engagement of RedChip Companies to Lead Public and Investor Relations Efforts 8International Isotopes Inc. Announces Completion of a Licensing and Permitting Assistance Agreement with URENCO USA 2International Isotopes Inc. Announces Completion of a Licensing and Permitting Assistance Agreement with URENCO USA 3
... Laboratories is a national reference laboratory and ... and development. ARUP offers an extensive test ... tests in clinical and anatomic pathology. Owned ... clients include more than half of the ...
... 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 ...
... 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 ...
... reference laboratory and a worldwide leader in ... an extensive test menu of highly complex ... anatomic pathology. Owned by the University of ... half of the nation's university teaching hospitals ...
Medicine Products: