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【drug-news】辉瑞糖尿病官司上诉至高院
Pfizer Case Heads to Supremes
Posted by Jacob Goldstein
Since the federal government regulates drugs, do state courts have any business hearing drug liability cases? Depends on who you ask. Pfizer asked the Supreme Court, and the court today agreed to give at least a partial answer, Dow Jones reports.
The case is over Rezulin, a Warner-Lambert diabetes drug pulled from the market because of liver damage in 2000, just as Pfizer was buying Warner-Lambert. Rezulin is in the same group or medicines for type 2 diabetes as GlaxoSmithKline’s Avandia and Takeda’s Actos, but those medicines didn’t show the same risk for liver problems.
Most of the liability lawsuits involving Rezulin have been consolidated in a New York federal court. But lower federal courts have been going back and forth over whether a separate liability case filed in Michigan state court should be thrown out.
A federal court threw out the claims under a Michigan law that limits lawsuits against FDA-approved drugs. The 2nd U.S. Circuit Court of Appeals overturned that decision in 2005, writing that “[b]ecause of its important role in state regulation of matters of health and safety, common law liability cannot be easily displaced in our federal system.” Now Pfizer is asking the Supremes to overturn the appeals court, and to make it harder to sue for drug liability under state laws, according to Dow Jones.
The question of when federal law pre-empts state law in drug cases has been a hot one in Washington lately. Last year, the Bush administration changed federal regulation to make it harder for plaintiffs who sue in state court over FDA approved drugs. Some industry watchers have argued that the drug safety bill Congress passed last month could take away some of that protection. But this WSJ article on the bill suggested the question might yet wind up being worked out on a case-by-case basis. [标签:content1][标签:content2]
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作者:admin@医学,生命科学 2011-08-07 05:11
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