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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.


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SOURCE Charfoos & Christensen, P.C.
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