The Christian Science Monitor Reports:
"A Vermont musician has won her battle against the pharmaceutical company Wyeth over the adequacy of the warning label on an antinausea drug [Phenergan] that caused her to lose her right arm.
"In a 6 to 3 decision on Wednesday, the US Supreme Court rejected an appeal by Wyeth that the musician's lawsuit must be dismissed as preempted by federal drug laws and regulations.
"Instead, the majority justices said the drug company could be held liable for an alleged violation of a state law requiring
that consumers receive adequate warning about dangerous products....
"The decision puts drug companies on notice that it is their responsibility, not that of the Food and Drug Administration, to ensure that its products feature clear warning labels."
In case you can't guess which three justices voted for the drug company, I've listed them after the jump.
The dissenting justices are Samuel Alito, Antonin Scalia, and Justice John Roberts. The only surprise here is that Clarance Thomas didn't join them in defending a major drug company.
Oh, and apparently, drug giant Wyeth was aware that 20 other people had lost limbs after botched injections of the anti-nausea drug Phenergan.
Here's one of Justice Alito's comments:
"'The FDA has long known about the risks associated with [injected use of Phenergan]," Justice Alito wrote. 'Whether wisely or not, the FDA has concluded – over the course of extensive 54-year-long regulatory proceedings – that the drug is 'safe' and 'effective' when used in accordance with its FDA-mandated labeling.'"
I can't help thinking about the industry-friendly part that the FDA played in scandals involving the drugs Viagra, Vioxx, Avandia, and Ketek.
The FDA is long past due for reform. The word "captured" comes to mind: a term that, in this context, refers to the sharing of beds between government regulators and industry folks -- a cozy relationship that often prevents regulators from actually regulating industries.
Sen. Charles Grassley (R-IA), a most effective FDA watchdog, would have plenty to say about that.
Related Buck Naked Politics Posts:
* FDA Hid News About Baby Food with Toxic Chemicals?
* FDA Failed to Follow up on Mercury-Tainted Corn Syrup
* Drug Companies Scammed Taxpayers & Cancer Patients
* Once Again, FDA Promotes Pharma's Interests
* Pharma-paid Doctors Write Risky Scrips for Kids
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