Navigation Links
The Senior Citizens League's Comments on U.S. Supreme Court Case Wyeth v. Levine

Oral Argument Scheduled for Monday, November 3, 2008

ALEXANDRIA, Va., Oct. 30 /PRNewswire-USNewswire/ -- On August 14, 2008, The Senior Citizens League (TSCL) filed an amicus brief in support of a courageous Vermont woman's fight to preserve her common law right to damages for the amputation of her gangrenous arm caused by the tortious conduct of a large pharmaceutical company.

Wyeth, with the wholehearted backing of the Food and Drug Administration (FDA), argued that the administration of its drug in a manner not prohibited by the FDA trumped the decision by a jury that Wyeth was liable under state law for the harm suffered by Diana Levine, a professional musician. According to Wyeth, the federal food and drug law provides the only protection that a medical patient has from harm caused by an FDA-approved drug, if that drug was administered in accordance with the FDA-approved methods and warnings.

Ms. Levine claimed that the FDA decision to permit Wyeth to market its drug -- in this case Phernegan -- sets only a minimum standard. Noting that FDA approval is based upon limited clinical trials conducted before the drug is made available to the general public, Ms. Levine argued that preservation of her individual common law right was necessary to protect her from FDA-undetected risks.

In its amicus brief, TSCL pointed out that the FDA's own science board has recently concluded that the FDA is ill-equipped both in personnel and technology to protect the health of the American people. Further, the brief emphasized that it would be unconstitutional for Congress to take away Ms. Levine's right to sue for Wyeth's wrongdoing, a right that has been secured to the people by the Tenth Amendment to the U.S. Constitution and the Vermont Bill of Rights.

Our brief in this case is not the first time that TSCL has gone to battle for the individual right of every American to have informed and unimpeded individual choice in health care.

Launched in the fall of 2005, TSCL's Seniors' Health Initiative has undertaken efforts to intervene on behalf of seniors and others in opposition to FDA's recent efforts to: (a) squelch free market access to complementary and alternative medicine; (b) raise barriers to the free flow of information concerning health enhancing vitamins and other dietary supplements; and (c) deny access to developmental drugs to terminally-ill patients without treatment alternatives.

Not only has TSCL's Health Initiative propelled it to file formal comments with the FDA -- including ground-breaking comments undermining the FDA's self-serving Science and Mission at Risk Report of November 2007 -- and to file amicus briefs in the Supreme Court, it has driven TSCL to take action in Congress, helping to draft a bill that would give terminally-ill patients ready access to drugs approved by the FDA for human testing. Additionally, TSCL is monitoring other bills limiting the power of the FDA's efforts to limit individual choice.

With oral argument scheduled in Wyeth for November 3, 2008, and a Freedom of Information Act request seeking records regarding FDA policy against Estriol and other natural Hormonal Replacement Therapies, TSCL's Health Initiative will continue to strive to preserve the freedoms of all Americans to make informed health care choices.

With 1.2 million members and supporters, The Senior Citizens League ( is one of the nation's largest nonpartisan seniors groups. The Senior Citizens League is a proud affiliate of The Retired Enlisted Association.

SOURCE The Senior Citizens League
Copyright©2008 PR Newswire.
All rights reserved

Related medicine news :

1. Major Illnesses in U.S. Seniors Cost $196 Billion Annually
2. Seniors Tend to Stick With End-of-Life Care Preferences
3. Alzheimers Strikes Every 71 Seconds! Carefree Senior Living Press Releases New Book: What the Heck Do We Do Now? Families Facing Alzheimers
4. Expert Says Conseco Trust May Significantly Alter The Senior Health Care Market
5. Sarah Albert Joins YWCA USA Senior Executive Staff
6. AegisLiving Purchases Property in Bellevue for New Senior Living Community
7. SEIU DVD Exposes How McCain Care Leaves Seniors Behind
8. Touchstone Health Partners with the American Heart Association and American Stroke Association to Fight Cardiovascular Disease Among Seniors
9. Seniors in Poor Areas More Likely to Die After Surgery
10. Medical Director of Renowned Facility Says Back to School Time is Also a Time for Americas Seniors to Keep Learning
11. AHIP: Low-Income and Rural Seniors Depend on Medigap Supplemental Coverage
Post Your Comments:
(Date:11/26/2015)... ... November 26, 2015 , ... Somu Sivaramakrishnan announced today that ... Somu now offers travelers, value and care based Travel Services, including exclusive pricing ... well as, cabin upgrades and special amenities such as, shore excursions, discounted fares, ...
(Date:11/26/2015)... , ... November 26, 2015 , ... Jobs in hospital ... healthcare professionals and offered by healthcare staffing agency Aureus Medical Group . ... month of October 2015 among those searching for healthcare jobs through the company’s website, ...
(Date:11/26/2015)... ... November 26, 2015 , ... WorldCare International, Inc., the first ... annual Employee Benefits Conference. The Employee Benefits Conference was hosted by the International ... November 11th, 2015. The conference was held at the Hawaii Convention Center in ...
(Date:11/26/2015)... ... November 26, 2015 , ... ... mental health and wellness consultation, has collaborated with Women’s Web – an ... reader’s queries on topics on mental and emotional well-being relationship, life balance, ...
(Date:11/25/2015)... ... November 25, 2015 , ... Additional ... those found on mammography, according to a study published online in the journal ... seen on mammography may necessitate a change in treatment. , Breast MRI is ...
Breaking Medicine News(10 mins):
(Date:11/26/2015)... 26, 2015 ... "Radioimmunoassay Market by Type (Reagents & ... Academics, Clinical Diagnostic Labs), Application (Research, Clinical ... 2020" report to their offering. ... addition of the "Radioimmunoassay Market by ...
(Date:11/25/2015)... ) ... "Global Brain Monitoring Devices Market 2015-2019" ... ) has announced the addition of ... 2015-2019" report to their offering. ... ) has announced the addition of the ...
(Date:11/25/2015)... THOUSAND OAKS, Calif. , Nov. 25, 2015 /PRNewswire/ ... of a Biologics License Application (BLA) with ... Administration (FDA) for ABP 501, a biosimilar candidate to ... the first adalimumab biosimilar application submitted to the FDA ... biosimilar pathway. Sean E. Harper , M.D., ...
Breaking Medicine Technology: