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Supreme Court Rules Against Pharmaceutical Industry

Posted by medconsumers on March 5, 2009

New York Times, March 5, 2009: The Supreme Court, by a 6-to-3 vote, upheld a jury verdict of $6.7 million in favor of a musician from Vermont whose arm had to be amputated after she was injected with an anti-nausea drug. The drug’s manufacturer, Wyeth, had argued that its compliance with the Food and Drug Administration’s labeling requirements should immunize it from lawsuits. Days after the Supreme Court decision was announced, Democrats in Congress reintroduced a bill called the Medical Device Safety Act, which would permit lawsuits against companies that made medical devices that injure people.

As of May 13, 2009, H.R. 1346, sponsored by Frank Pallone, Jr. (D-NJ), has picked up 79 co-sponsors, and S.540, authored by Senator Ted Kennedy (D-MA) has 21 co-sponsors.

For context on this important issue, read this Center for Medical Consumers 2008 position statement.

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