JAMA published an editorial in the October issue in urging the US Supreme Court not to endorse preemption and argues for patients' right to sue drugmakers in state court for harms caused by defective drugs that were approved by FDA.
The editorial states that " ......if the court rules in favors of Wyeth, endorsing preemption, patients will lose an irreplaceable method for seeking remedies for injuries resulting from pharmaceutical agents that were approved by FDA."
American legislation states that federal regulation preempts state law - this means that patients have no legal right to sue drugmakers in state court for injuries caused by FDA-approved drugs.
Source: Catherine D. DeAngelis, Phil B. Fontanarosa Prescription Drugs, Products Liability, and Preemption of Tort Litigation JAMA 2008;300(16) :1939-1941 ( f/t via Athens)
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