WCB Files Supreme Court Brief

WCB filed an amicus curiate brief in the United State Supreme Court on August 14, 2008 in the case of Wyeth v. Levine, No. 06-1249.  The issue before the Supreme Court in Levine is whether the Food and Drug Administration's approval of a prescription drug and its warning label "preempts" (i.e. wipes out) a plaintiff's claims for personal injury damages arising under state law.  WCB submitted this amicus brief on behalf of Dr. David B. Ross, who formerly reviewed services provided at psychiatric treatment facilities for the State of Pennsylvania.  The brief addresses repeated failures by the FDA to ensure prescription drug safety, including the high-profile examples of Ketek, Avandia and Zyprexa, and argues that these failures prove that patients need state tort law protections against injury from harmful and under-tested prescription drugs.  WCB associate Michael Quirk wrote the amicus brief, with assistance from Partners Esther Berezofsky and Mark Cuker.

A Wall Street Journal Health Blog post mentioning this and other briefs filed in Wyeth v. Levine can be accessed at: http://blogs.wsj.com/health/2008/08/15/nejm-editors-enter-supreme-court-fray-over-drug-risks

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