Navigation Links
High Court Ruling Against Preemption Hurts Patients, Helps Trial Lawyers
Date:3/5/2009

DALLAS, March 5 /PRNewswire-USNewswire/ -- Yesterday's Supreme Court ruling against preemption is disastrous for patient access to necessary medicines and research for new therapies, and clearly elevates trial lawyers and local juries as the de facto authority on drug safety.

The high court has decided that federal law does not preempt state law in matters of drug safety, and consequently, a flood of frivolous liability lawsuits will cause patients to lose access to critical new medicines.

"The victors in this decision claim that eliminating preemption would make drug companies more rigorous in ensuring their drugs are safe; unfortunately, it would more likely make companies invention-averse," said Institute for Policy Innovation (IPI) resident scholar and health care expert Dr. Merrill Matthews.

Without preemption, drug makers will be more risk averse, as they grind themselves for legal battles. The result is that patients will lose access to necessary medicines and research into new cures will decline.

"This is a win-win situation for trial lawyers, and a lose-lose for patients," said Matthews. "Lawsuits are expensive, and even the threat of baseless litigation can cause pharmaceutical firms to slow down and even stop creating and developing new products.

"Plaintiff Diana Levine's story is tragic, and the physician's assistant who misused the clearly labeled drug should be, and was, held accountable. But it's hard to see how the maker of the drug could be at fault," said Matthews.

Without a strong preemption principle, average Americans who serve on local juries will be asked to overrule the government scientists and medical experts who oversee the drug-approval process.

"Trial lawyers know that jurors are ill-suited to evaluate the merits of drug warning labels, which is exactly why they're behind this effort. Without preemption we'll see a surge of frivolous lawsuits against pharmaceutical companies and other manufacturers." said Matthews.

The Institute for Policy Innovation is an independent, non-profit public policy organization based in Dallas, Texas. Dr. Merrill Matthews is available for interview by contacting Erin Humiston at (972) 874-5139, or erin@ipi.org.


'/>"/>
SOURCE Institute for Policy Innovation
Copyright©2009 PR Newswire.
All rights reserved

Related medicine news :

1. Texas Supreme Court Rules Against Medicare HMOs in Hospital Reimbursement Fight
2. Claim Filed Against the Company and Nine Other Defendants in the Haifa Magistrates Court
3. First Circuit Court of Appeals Rules Against Philip Morris in Lights Class Action
4. Wyeth and Nycomed Announce Court Denial of Preliminary Injunction
5. Massachusetts State Court Hears Suit by Breastfeeding Mother on Medical Licensing Exam
6. Cristina Saralegui Joins Celebrities Including Matthew McConaughey, Courteney Cox and Mariska Hargitay to Raise Money for Breast Cancer Research
7. Filing for Reconsideration/Press Conference ACUNA v. TURKISH, Historic Informed Consent Abortion Case to the New Jersey Supreme Court
8. Rulings Send Lawsuits Against State Farm, American Family Back to Court, Hagens Berman Sobol Shapiro Announces
9. NBME Appeals Massachusetts Judges Reversal of Lower Court in Suit for Extra Break Time During Medical Licensing Exam
10. New Report Says Health Courts Bureaucracies Offer Big Financial Burdens and Loss of Patient Rights
11. ALLs Judie Brown: Supreme Court is Wrong on Contraception Ruling
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:6/27/2017)... (PRWEB) , ... June 27, 2017 , ... Dr. Richard ... recent renovation of his practice, Advanced Periodontics and Dental Implant Center of Connecticut. As ... the administrative and waiting areas. The renovations are intended to improve patient comfort while ...
(Date:6/27/2017)... North Hollywood, CA (PRWEB) , ... June 27, ... ... on orthodontic treatments . Orthodontics is a dental specialty that focuses on ... other appliances. Benefits include improved aesthetics and function. , North Hollywood ...
(Date:6/26/2017)... ... June 26, 2017 , ... Torrance dentist, Dr. Robert Mondavi DDS , ... most noticeable aspects of a person’s appearance. A healthy, radiant smile can make a ... balanced teeth, everyone can have the smile of their dreams with cosmetic dentistry. , ...
(Date:6/26/2017)... ... 2017 , ... The Centers for Advanced Orthopaedics (The Centers), ... Robinson as chief operating officer (COO). In this role, Robinson brings more than ... of simplifying business processes and developing growth strategies to increase market share. ...
(Date:6/26/2017)... Lake Tahoe, CA (PRWEB) , ... June 26, 2017 , ... ... seeking 10,000 qualified mental health professionals in every state across the country to join ... an easy and rewarding way for therapists to reach a substantially greater number of ...
Breaking Medicine News(10 mins):
(Date:6/8/2017)... 8, 2017   Responding to Heath Ledger,s ... death of singer Chris Cornell in May, the ... offers a free online psychiatric drug side ... families about psychotropic drug risks. The father ... from an accidental overdose, has called for tighter rules on ...
(Date:6/5/2017)... Cincinnati location of Diplomat Specialty Infusion ... been awarded a Top Workplaces 2017 honor by ... on an employee survey administered by WorkplaceDynamics, LLC, a research ... measures several aspects of workplace culture, including alignment, execution, and ... ...
(Date:5/30/2017)... 30, 2017 DarioHealth Corp. (NASDAQ: DRIO), a leading global ... announced that it will be presenting at the 7th annual LD ... Erez Raphael , CEO, of DarioHealth will be giving the ... held on June 6th & 7th, 2017 at the Luxe Sunset ... / micro-cap space. About LD ...
Breaking Medicine Technology: