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Consumers win as Supreme Court rules against FDA preemption

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The U.S. Supreme Court has ruled 6-3 that FDA approval of a prescription drug label does not preempt state tort claims by persons injured by the drug, according to Bloomberg and other sources. “Congress did not intend FDA oversight to be the exclusive means of ensuring drug safety and effectiveness,” Justice John Paul Stevens wrote for the court. The ruling affirmed a $7 million award to a musician who lost her arm after being injected with Wyeth’s Phenergan nausea treatment.

This settles an issue which has hung over consumers and the plaintiffs’ bar for several years. The Bush administration had agressively pushed for FDA preemption, as well as preemption in a number of other areas.

About Michael J. Evans

Michael J. Evans is a personal injury lawyer who represents people with claims involving defective medicine or medical devices, other defective products that cause serious injury or death, and environmental cases. Evans also handles whistleblower lawsuits in which employees, or former employees, expose fraud or other illegal conduct by the corporation for which they work(ed), Evans organizes litigation groups of plaintiffs law firms to work with him on these cases nationwide. Evans uses social media, blogs, online video, mobile apps and traditional media to connect with clients, and help other prominent law firms connect with clients.. Evans is also an advocate for the rights of consumers. His primary areas of legal practice are mass torts, and advising law firms on the ethical rules and law governing legal marketing via the Internet and social media.

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