Navigation Links
Michigan Resident, Kimberly Kent's Drug Product Liability Case Will Be Argued in the United States Supreme Court on February 25, 2008
Date:2/19/2008

DETROIT, Feb. 19 /PRNewswire/ -- Kimberly Kent, the daughter of Virginia Kent, Deceased, seeks vindication in the United States Supreme Court for her mother's death, which was caused by the prescription drug Rezulin. Michigan's unique Drug Company immunity law is being challenged.

All Rezulin cases in the United States have been settled by Warner Lambert/Parke-Davis, except for the 187 cases from Michigan. All Michigan cases were dismissed and all Michigan victims were denied compensation because of Michigan's unique pro-drug company immunity law.

"Republican Michigan State Senator Michael Bishop (Rochester) has blocked bipartisan legislation that came out of the Michigan House, to correct Michigan's unfair drug product liability law," says attorney Doug Peters who has been litigating pharmaceutical cases in Michigan for 34 years.

After Federal Judge Kaplan dismissed the Kent case, and 186 other Michigan Rezulin cases, Peters' firm appealed the Kaplan dismissal to the United States Second Circuit Court of Appeals, which reversed Judge Kaplan. Defendant Warner Lambert filed a request to have its appeal heard in the United States Supreme Court immediately thereafter. The United States Supreme Court, if it wanted to let the lower Appellate Court decision stand, probably would have denied further appeal. However, the United States Supreme Court, well populated by very conservative Republican appointees, has agreed to hear the appeal, "... which bodes ill for the Michigan victims," says attorney Peters.

In the event the United States Supreme Court sides with the drug company in this case, major changes in laws will happen across the United States as the key issue in the Kent cases is whether Food and Drug Administration (FDA) oversight of pharmaceuticals, both prescription and over-the-counter, should confer immunity on drug manufacturers because they complied with Federal standards. Peters is also concerned that if Federal preemption is allowed to confer immunity on drug companies in every state in the country, other products regulated by Federal agencies, such as cars, baby seats, food, cosmetics, flammable fabrics, etc., will also result in immunity for manufacturers of those products.

"At stake in this case," according to Peters, "is the question of whether manufacturers of products in America shall receive immunity from litigation if one or more Federal agencies regulate and approve those products." "If someone tried to take away an individual's right to own a gun, conservative Republicans would scream bloody murder. However, when the common person's access to attorneys and the courts is being threatened, conservative Republicans hail that as a boon to industry," says Peters.

Kimberly Kent, the party in the United States Supreme Court case, and her attorney, J. Douglas Peters of Charfoos & Christensen, P.C., will be available for interview at a press conference to be held at 10:00 a.m. on Friday, February 22, 2008, at the law offices of Charfoos & Christensen, at 5510 Woodward Avenue, Detroit, Michigan 48202. The case will be argued in the United States Supreme Court the following Monday, February 25, 2008. For more information, call M. J. Tytran at (313) 875-8080 or (800) 247-5974.


'/>"/>
SOURCE Charfoos & Christensen, P.C.
Copyright©2008 PR Newswire.
All rights reserved

Related medicine news :

1. McGraw Wentworth Launches Survey to Benchmark Employee Benefit Trends in Michigan
2. Michigan-Based Businesses Partner to Increase Dental Coverage Access for Medicare Beneficiaries
3. Michigan Kidney Patient Goes Above and Beyond to Help His Community - Awarded National DPC Hero Award
4. Parents Identify Health Topics They Want Doctors to Discuss with Kids - New Research for University of Michigan Conducted by Knowledge Networks
5. Heart-Shaped Light Displays on Blue Cross Blue Shield of Michigan Building Show Support for American Heart Month, National Wear Red Day
6. Blue Cross Blue Shield of Michigan Says Guaranteed Access Provisions of Insurance Reform Bills Protect Michigan Consumers Twice-Over
7. Examination by National Expert Shows Blue Cross Blue Shield of Michigans Social Mission Contributions Totaled at Least $391 Million in 2007
8. Granholm Looks To Make Big Bucks for Personal Injury Lawyers, Says Michigan Chamber of Commerce
9. Michigan Dentists Giving Free Dental Care to Low-Income Children During Annual Give Kids a Smile Program Starting February 1
10. Dunkin Donuts Celebrates the New Year by Supplying Goodies to Michigans American Red Cross
11. Michigan Quality Council (MQC) Names Oakwood Healthcare Inc. 2007 State Quality Award Recipient
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:2/22/2017)... ... February 22, 2017 , ... Michael J. ... media platform connecting healthcare technology professionals and other key stakeholders with an array ... publication starting on March 1, announced Michael J. Hennessy, Jr., president of MJH ...
(Date:2/22/2017)... ... ... Social media marketing is transitioning from a singular person activity to a collaborative ... this insight and more in its latest episode of its Brains Over Brawn podcast. ... social media strategist and partner of the digital firm Med|Ed Digital Jessica Columbo. Jessica ...
(Date:2/22/2017)... Wis (PRWEB) , ... February 22, 2017 , ... ... a category by itself - the Vector™ Series Multi-Cook Oven offers up to ... oven chamber, featuring exclusive Structured Air Technology™ for unmatched evenness in cooking. Alto-Shaam ...
(Date:2/21/2017)... IL (PRWEB) , ... February 21, 2017 , ... ... connectivity solutions, has introduced five new hospital-grade power extension cords that meet the ... Services (CMS) of the 2012 edition of the National Fire Protection Association (NFPA) ...
(Date:2/21/2017)... ... February 21, 2017 , ... Ray Insurance Agencies, a Dallas ... around Tarrant County, is embarking on a six month charity event aimed at raising ... cancer. , Cancer is one of the deadliest diseases in America; more than 7.5 ...
Breaking Medicine News(10 mins):
(Date:2/21/2017)... Texas , Feb. 21, 2017  Luminex Corporation (NASDAQ: ... board of directors has authorized the initiation of a quarterly ... history. This initial cash dividend will be payable on April ... of business on March 24, 2017. The ... regular quarterly cash dividend of $0.06 to holders of its ...
(Date:2/21/2017)... NEW YORK , Feb. 21, 2017 /PRNewswire/ ... Read the full report: http://www.reportlinker.com/p04711311-summary/view-report.html ... from COPD and other respiratory diseases. Patients having ... prescribed to use oxygen concentrators. Oxygen concentrators are ... be purchased over the counter. Medical oxygen concentrators ...
(Date:2/21/2017)... , February 21, 2017 ... Technology for Adoption by Plastic Industry  ... STEER, creator ... functionalise materials in the fields of plastics, pharmaceuticals, food and ... with Merck KGaA, Darmstadt, Germany , ...
Breaking Medicine Technology: