More Preemption

Bush Admin Siding With Drug Cos In Patient Suits-NYT | WSJ | 7.24.04

NEW YORK — The Bush administration has been going to court to block lawsuits by consumers who say they have been injured by prescription drugs and medical devices, The New York Times reported Saturday.

The administration contends that consumers cannot recover damages for such injuries if the products have been approved by the Food and Drug Administration, the Times reported. …

In its court filings, the Bush administration argues that private lawsuits threaten to disrupt a comprehensive nationwide system of drug regulation, and that federal standards pre-empt requirements established by state judges and legislators, the Times said.

In effect, the administration says, if a local judge or jury finds that a drug or device is unsafe, it is in direct conflict with the conclusion reached by the F.D.A. after years of rigorous testing and evaluation, according to the Times.

See PointofLaw and Overlawyered