FDA's Pre-emption Rule Splits the Courts

Nearly one year after the U.S. Food and Drug Administration issued a pre-emption on filing failure-to-warn actions over federally approved drugs, rulings across the nation show a clear division over the issue. Plaintiffs attorneys call the FDA pre-emption camouflaged tort reform, while defense counsel argue that the FDA should call the shots on drug safety matters, not judges and juries. Many expect a showdown before the high court.

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