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.
FDA's Pre-emption Rule Splits the Courts
The National Law Journal
May 4, 2007
This article requires premium access
This article requires premium access to Law.com. Please sign in or subscribe to read the full text.