May 26, 2009

A May 19, 2009 article published in the Journal of the American Medical Association (“JAMA”) supports the U.S. Supreme Court’s ruling in Wyeth v. Levine, which held that FDA-approved labeling of pharmaceutical drugs does not preempt state law product liability claims for injuries caused by the drugs.  JAMA concluded that the benefits to patient welfare resulting from tort litigation outweigh the pharmaceutical industry’s calls for FDA preemption of state tort liability lawsuits.  JAMA suggested that the FDA, in and of itself, is not an effective watchdog to monitor the pharmaceutical companies because its responsibilities are vast, it lacks adequate staffing and resources, and relies too much on drug manufacturers to voluntary detect and disclose adverse information.  JAMA’s position is that until the FDA takes a more active role in protecting public health safety, the tort system is an effective alternative to protect patient welfare.    

Safeguarding Public Health

The impact of the Court’s ruling in Wyeth v. Levine is far-reaching.  Essentially, the Court acknowledged that public health safety is a paramount policy issue.  By allowing state law claims, the Court is utilizing the civil justice system to ensure that patients who are harmed by drugs and medical devices have proper recourse against pharmaceutical companies. 

Consumer Injury Attorneys 

The lawyers at Bernstein Liebhard LLP are committed to helping parties who sustained injuries after being treated with dangerous medical devices and drugs.  In August 2008, lawyers at Bernstein Liebhard LLP filed an amicus brief in the U.S. Supreme Court in Wyeth v. Levine on behalf of various doctors and third-party payer union and welfare funds, which Bernstein Liebhard LLP represents in third party payer health care-related litigation.  Currently, the Hydroxycut lawyers and denture cream lawyers at Bernstein Liebhard LLP are representing victims who suffered liver damage after using the diet supplement, Hydroxycut, and those that suffered denture cream zinc poisoning after using denture creams such as Fixodent and Poligrip.           

If you or a loved one suffered injuries caused by Hydroxycut, Fixodent, or Poligrip, contact us today for a confidential and free case evaluation.

Published November 17, 2011 by