Does this say that the FDA is perhaps not as trusted as we might like the agency to be? On the other hand is it possible to entrust any agency to this level today, and that might be more to the point. There are so many areas that need to come to focus and with all the information we have available today, is it possible to entrust an agency 100%, I think not. BD
Forty-seven states are weighing in on the legal battle over pre-emption--and predictably enough, they're against it. The pre-emption doctrine would, of course, enshrine FDA approval as the be-all and end-all of drug safety. If the agency has blessed a drug for sale, then drugmakers are covered; nobody could sue drugmakers for damages in state court. Or so the reasoning goes. The states aren't convinced. They're asking the U.S. Supreme Court to uphold a Vermont ruling in Wyeth v. Levine, the case of a professional musician whose arm had to be amputated after she was injected with one of the drugmaker's products. The musician was awarded $6.8 million in damages, and Vermont's high court wasn't convinced by Wyeth's argument that FDA approval should shield it from liability.
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