Yes, we know, it’s election-eve. But as civil justice fans everywhere
also know, today is the day that the U.S. Supreme Court is hearing
arguments for what could be the most consequential case of the term (and
one we’ve been blogging about for months!), Wyeth v. Levine.
At stake may be whether pharmaceutical companies will have total lawsuit
immunity when the drugs they market hurt people, so long as those drugs
have received FDA approval.
Early reports suggest the justices may opt to play it safe and issue a
“narrow ruling” that would not have implications beyond the Wyeth case
itself. Regardless, a ruling is not expected before early next year.
Fortunately, the new Congress will have the ability to pass legislation
that helps ensure irresponsible drug companies will not be given a “get
out of jail free card,” no matter how the high court eventually rules.
For the sake of consumers everywhere, let’s hope the new Congress gets
right to work!
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