Chat With Diana Levine About Preemption - Today!
4 CommentsBy Ed Silverman // November 18th, 2008 // 7:13 am
Now that the US Supreme Court has heard her case (this is the transcript), the Vermont musician is getting more assertive about publicizing her plight and the issues involved. We interviewed her earlier this year (take a look), but now everyone has a chance to ask Levine the loss of her right arm in a clinic after being administered Wyeth’s Phenergan. She sued for inadequate labeling and won; Wyeth is appealing.
At issue is the notion that FDA approval of a drug supercedes state law claims challenging safety, efficacy, or labeling. Drugmakers and the FDA argue that preemption exists by maintaining the agency’s actions are the final word on safety and effectiveness. The court’s decision, therefore, will be closely watched because its ruling will determine whether patients can sue a drugmaker through state law when a product has already been approved by the FDA.
The live chat takes place at 3 pm EST today and you can join by going to FireDogLake. Be advised that you must register, free of charge, in order to comment. The discussion is being arranged by the Alliance for Justice, which recently released a documentary about preemption that features Levine.
dallasjim
Hi Diana,
I spoke with you about two weeks ago regarding my wife’s injured hand caused by IV Phenergan.
Is this a live chat or it leaving comments like this message?
Thanks,
Jim
Compliance Analyst
Jim, read the last paragraph of the blog entry….
joe
Diana,
Please know my wife and I and alot of others across the country support your fight against FDA preemption. We live in Michigan, where in 1995, we became the only state in the country with a “drug immunity law” in which the drug industry was granted total immunity from liability if they harm or kill with a FDA approved medication. We know only too well the dangers and disgrace of preemption.
Thank you for your spirit and your fight.
God bless you.
joe
Lana Russo
Hi, hope your hoildays went well.