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Jay Trucks and Associates Legal Blog
Monday, February 16, 2009
A threat to public health
Contrary to Sally Pipes' claims, no jury has ever pulled a drug from the market. Removing a drug is a decision made solely by the FDA. Likewise, only the FDA can change a drug's warning label. The black box warning on SSRI antidepressants to which Pipes referred was added because the FDA determined the warning was needed. Months earlier, the same warning was added to antidepressants in Britain, which has a minimal tort system relative to ours.
Pipes presents herself as a defender of physicians against big bad lawyers. But the editors of the New England Journal of Medicine and the Journal of American Medical Association have come out squarely against FDA preemption, the lawsuit shield Pipes advocates. Indeed, the editors insist that such a shield would be a cataclysm for public health, drug company accountability and patient rights.
Writer:Henry Greenspan
Ann Arbor
Pipes presents herself as a defender of physicians against big bad lawyers. But the editors of the New England Journal of Medicine and the Journal of American Medical Association have come out squarely against FDA preemption, the lawsuit shield Pipes advocates. Indeed, the editors insist that such a shield would be a cataclysm for public health, drug company accountability and patient rights.
Writer:Henry Greenspan
Ann Arbor
posted by
Evan Langsted
at
8:19 AM
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