This case also might have an impact on future cases brought against drug companies…and brings the FDA into a touch situation as well.  No 2 cases are the same and every detail of each case has to be evaluated.  On the other hand it calls for the utmost scrutiny by the FDA to grant approvals as well…BD 

The case, Wyeth v. Levine, asks whether a patient who has been harmed by a drug can sue under state law if the drug was produced and marketed under terms approved by the FDA. The broader legal question here is called “preemption,” and refers to the question of whether federal law preempts state law.

http://blogs.wsj.com/health/2008/06/06/feds-back-wyeth-in-supreme-court-case/

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