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:7/13/2014)... Max International has recently ... be the featured guest at its Charity Exhibition and ... Attendees will learn about Max’s health products and ... basketball games and perform in a 3 point shoot-out. ... and energy-boosting supplements , has recently announced former NBA ...
(Date:7/13/2014)... 13, 2014 A decreased ability to identify ... and Alzheimer,s disease, while examinations of the eye ... associated with Alzheimer,s, in the brain, according to ... at the Alzheimer,s Association International Conference 2014 (AAIC ... studies, the decreased ability to identify odors was ...
(Date:7/13/2014)... Seattle, WA (PRWEB) July 13, 2014 ... Ken Woolcott, who commented, “As a parent of a ... the underserved need in the Seattle community for contemporary ... will provide an important alternative to students and families ... the best practices and environment for special education. We ...
(Date:7/13/2014)... July 13, 2014 Recently, iFitDress.com, one ... women’s special occasion outfits, has added a new selection ... Furthermore, the company has launched a promotion for these ... , iFitDress.com is now providing thousands of graceful ... sell well in Britain, America, France, Italy and many ...
(Date:7/12/2014)... 12, 2014 The Passenger Information System ... 2013 to $20,341.36 million by 2019, at an expected ... 2019. , The public transport infrastructure in North America ... available in almost every corner of the region. The ... of public transport service providers are driving the North ...
Breaking Medicine News(10 mins):Health News:Max International Announces NBA Dream Team Member Chris Mullin as Featured Guest of Charity Event 2Health News:Max International Announces NBA Dream Team Member Chris Mullin as Featured Guest of Charity Event 3Health News:Max International Announces NBA Dream Team Member Chris Mullin as Featured Guest of Charity Event 4Health News:Smell and eye tests show potential to detect Alzheimer's early 2Health News:Smell and eye tests show potential to detect Alzheimer's early 3Health News:Smell and eye tests show potential to detect Alzheimer's early 4Health News:Smell and eye tests show potential to detect Alzheimer's early 5Health News:Smell and eye tests show potential to detect Alzheimer's early 6Health News:Smell and eye tests show potential to detect Alzheimer's early 7Health News:New Private School, Emerald City School, Founded in Downtown Seattle Now Accepting 1st to 6th Grade Students Who Learn Differently 2Health News:New and Beautiful Evening Dresses Unveiled by iFitDress.com 2Health News:North America Passenger Information System (ICT) Market worth $5,486.88 Million by 2019 - New Report by MicroMarket Monitor 2Health News:North America Passenger Information System (ICT) Market worth $5,486.88 Million by 2019 - New Report by MicroMarket Monitor 3Health News:North America Passenger Information System (ICT) Market worth $5,486.88 Million by 2019 - New Report by MicroMarket Monitor 4
... survey conducted by India's National Family Health Survey, half the ... 200,000 people and is the third one since 1992-1993. ... infant mortality in rural areas is 62% while it is ... while in China it is only 8%. On the nutrition ...
... Ministry of Health of the Government of Southern Sudan reported ... 8 out of 10 states of Southern// Sudan. ... a total of 79 suspected cases including 8 deaths were ... disaggregated population data are leading to difficulties in determining whether ...
... exercise improves the physical and psychological wellbeing of people affected// ... most common cancer among women in the UK. Treatment for ... of life. ,Current cancer rehabilitation programs are ... consider the physical problems faced by patients. ...
... before bedtime, could make you sleep quicker,// says a new ... University of Sydney studied 12 healthy men who were 18-35 ... cooked rice in their meals - plain rice, long-grain rice ... Jasmine rice has a high glycemic index - a ranking ...
... In patients with recently diagnosed multiple sclerosis, the extent ... as determined by magnetic resonance imaging (MRI) may predict ... valuable information about the progression of multiple sclerosis (MS), ... used to monitor the number and volume of MS-related ...
... at the nation’s colleges of osteopathic medicine is projected ... 45.3 percent increase since 2002-03. ,With ... of Health Sciences, in Mesa, Arizona; the Debusk College ... Tennessee; and the TOURO College of Osteopathic Medicine in ...
Cached Medicine News:Health News:Exercise Benefits Breast Cancer Patients 2Health News:Extent of Brain Involvement at Diagnosis May Predict Brain Atrophy 2Health News:Osteopathic Medical Education Will Help With Shortages 2
(Date:7/10/2014)... Pa. , July 10, 2014 ... Moberg Research,s (Moberg) medical device manufacturing facility. Rep. ... Moberg,s advanced neurological monitors facilitate cutting-edge research in ... Rep. Kennedy and mental health advocate, Garen ... organization dedicated to fostering fundamental changes that will ...
(Date:7/10/2014)... 10, 2014  Decision Resources Group finds that ... (ID) specialists are willing to prescribe Durata,s Dalvance ... use as OPAT, approximately two-thirds of the respondents ... their hospital inpatients. However, our findings indicate that ... initiated on OPAT following hospital discharge, and most ...
(Date:1/15/2014)... N.Y. , Jan. 15, 2014 Sono-Tek Corporation (OTC ... months ended November 30, 2013, compared to sales of $2,202,000 ... 20%. Once again, this quarter has also shown growth over ... the first quarter of this fiscal year. Markets that experienced ...
Breaking Medicine Technology:Representative Patrick Kennedy visits Moberg's medical device facility to discuss improvement in brain injury care 2Long-Acting Antibiotics Offering Once-Weekly Dosing Will See Favorable Uptake and Use as Outpatient Parenteral Antimicrobial Therapy (OPAT) 2Long-Acting Antibiotics Offering Once-Weekly Dosing Will See Favorable Uptake and Use as Outpatient Parenteral Antimicrobial Therapy (OPAT) 3Sono-Tek Announces Third Quarter Results 2Sono-Tek Announces Third Quarter Results 3Sono-Tek Announces Third Quarter Results 4
... 20, 2010 MinuteClinic, the pioneer and largest provider of ... an agreement with the National Patient Safety Foundation to become ... Me 3 health literacy program. MinuteClinic will launch ... clinics located inside select CVS/pharmacy stores in 26 states and ...
... IRVINE, Calif., Dec. 20, 2010 Endologix, Inc. (Nasdaq: ... for aortic disorders, announced today that Guido Neels, Managing ... Endologix Board of Directors. Essex Woodlands was the majority ... in an all stock transaction on December 13, 2010. ...
Cached Medicine Technology:MinuteClinic Becomes First Retail Clinic Provider to Launch Partnership with National Patient Safety Foundation for Ask Me 3™ Program 2MinuteClinic Becomes First Retail Clinic Provider to Launch Partnership with National Patient Safety Foundation for Ask Me 3™ Program 3Endologix Appoints Guido Neels to Its Board of Directors 2Endologix Appoints Guido Neels to Its Board of Directors 3
... Maximum Xtra, and Maximum ACT introducers ... and specialty hemostasis introducers in the ... premier hemostasis introducers for use in ... angiography, angioplasty, stenting, atherectomy, temporary pacing, ...
St. Jude Medical's line of guiding introducers includes Swartz Series, SAFL, SEPT, CSTA, RAMP, and 2 piece steerable...
The intended use of the percutaneous PREFACE Guiding Sheath is for the introduction of intravascular electrophysiology catheters into any cardiac chamber....
... EP Systems sells the popular transeptal ... needles. These products allow left atrial ... catheter ablation of left-sided arrhythmogenic substrates. ... others use it when a transaortic ...
Medicine Products: