Drug Companies Can Be Sued
Patients have the right to sue drug companies.
The Supreme Court today upheld the right of patients who are hurt by a prescription or over-the-counter drug to sue the drug maker for damages.
The 6-3 decision rejected a strong move by the Bush administration and the pharmaceutical industry to shield drug makers from lawsuits if their products were approved by the Food and Drug Administration.
At issue were suits involving the more than 11,000 drugs on the market in the United States. The outgoing Bush administration told the court last fall that federal approval of a drug “preempts,” or bars, juries from deciding whether it is unduly dangerous.
But the high court, led by Justice John Paul Stevens, disagreed and said Congress had not taken away the consumer’s right to sue. He said the view of the Bush administration “does not merit deference,” particularly considering that the FDA prior to the Bush era had favored lawsuits as a means of protecting consumers from dangerous drugs.
Instead of using deadly, and potentially harmful (amputation) medication, why not use some of that natural, safe, and effective medical marijuana for nausea?
Well, if you are like most Americans, you are forced to use medicine that carries some fairly risky warnings. But this latest news shows why it is important for Americans to be informed and also have access to safe and natural forms of mediciation and not just harmful chemical compounds made and trademarked by drug companies.
Here is what happened to a patient who was suffering from nausea,…
Today’s ruling upholds a nearly $7 million jury verdict in favor of a Vermont musician whose right arm was amputated after she was injected with an anti-nausea drug made by Wyeth.
The injection struck an artery and caused gangrene, a rare but occasional complication from directly administering Phenergan, the anti-nausea drug.
Diana Levine, the Vermont woman, settled a suit against the clinic that gave her the injection and then sued Wyeth. She contended that the drug maker had not properly warned her and other consumers of the danger.
In its defense, Wyeth said the federally approved warning label told doctors and nurses to use extreme caution when injecting the drug. Levine and her lawyers said that was not sufficient. Who would take an injection to relieve nausea, she asked, if a patient knew she could lose her arm as a result?
The jury agreed with her and awarded her $6.7 million in damages.
The FDA has been under scrutiny for a very long time regarding its labeling of medication and also has been sued for its published lies regarding medical marijuana.
Considering the quote “the FDA prior to the Bush era had favored lawsuits as a means of protecting consumers from dangerous drugs” you can clearly see, the FDA has never stated its warning should protect from lawsuits.
Why does this matter?
Because nausea medicine like above are prescribed to cancer patients suffering from nausea, and medical marijuana should be more available as a safe and effective means for controlling nausea, rather than injecting yourself with chemicals than can result in you having limbs amputated, can’t you see this is exactly why we need medical marijuana in our communities. Because the medicine the drug companies want to sell us, is killing us, and the medicine that would help us, they are keeping illegal and out of our reach.
Well, not in all states. In California, you can have your medical marijuana and a police officer cannot take it away from you. Hurray for those free Cali folk.
