DETROIT, March 3 /PRNewswire-USNewswire/ -- the U.S. Supreme Court issued a 4-4 decision which will now allow Michigan citizens to sue drug companies if they are injured by a drug. Prior to this decision by the U.S. Supreme Court, the 2nd Circuit Court of Appeals had ruled in favor of Michigan plaintiffs, declaring that drug companies do not have immunity if they withhold important information from the FDA. With the tie vote in the U.S. Supreme Court, the 2nd Circuit's decision is now the law of the country and Michigan.
"I can't believe it, and we were very lucky. The case was just argued last Monday," said Detroit Product Liability Attorney, J. Douglas Peters of Charfoos & Christensen, P.C. "Because the Chief Justice of the US Supreme Court owns stock in the drug company defendant, he had to recuse himself allowing a 4-4 split among the remaining justices.
"As a result of the appeal handled by David Parker of Charfoos & Christensen, P.C., Michigan citizens injured by dangerous drugs can now file suit even while the slow and laborious political process in Lansing works to amend the unfair Michigan law that Gov. Engler put in place. His stooge, Republican Senate Leader, Mike Bishop, from Rochester fights to preserve Michigan's drug immunity law on behalf of his friends in the drug industry and the Michigan Chamber of Commerce," says attorney Peters.
"This decision comes just in time," says Peters. "Last week 60 Minutes revealed that up to 22,000 lives could have been saved, including Michigan lives if the FDA had removed Trasylol from the market in 2006." The manufacturer of this drug, the German company Bayer AG hid internal studies from the FDA panel that met in 2006 to discuss the potential dangers of the drug. Almost 2 years later in Nov. 2007 Pres. Bush's FDA finally asked Bayer to take this drug off the market.
|SOURCE Charfoos & Christensen, P.C.|
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