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New at Reason: Gregory Conko on the Supreme Court's Botching of a Drug Preemption Case
The Supreme Court handed down its
decision this month in the case of Wyeth v. Levine, ruling
that federal law did not bar plaintiff Diana Levine from suing
pharmaceutical maker Wyeth over allegedly insufficient drug safety
warnings, even though the warnings had been approved by the Food
and Drug Administration (FDA). This decision establishes the
troubling precedent that a sympathetic jury can now supersede the
expert opinions of the FDA on what qualifies as adequate safety
labeling, writes Gregory Conko. Ultimately, that means drug firms
face higher costs and greater uncertainty. Both are bad for
patients.
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