FDA pre-emption fears raised for drug law suits
The prospect of the US Supreme Court ruling that law suits against drugmakers are restricted by the pre-emptive role of Food and Drug Administration regulations (Marketletters passim), is raised by a report in the New York Times, which argues that the agency fails to protect patient interests.
Chris Seeger, a lawyer representing 125 clients in a case against Johnson & Johnson, told the the NY Times: "our law suits are the ultimate check against the mistake made by the government, or fraud made by the companies against the government, or just an underfunded bureaucracy stretched thin."
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