Preemption May Spell Tragedy for Women
A report released yesterday by the national consumer rights group Center for Justice and Democracy entitled “The Bitterest Pill – How Drugs Companies Fail to Protect Women and How Lawsuits Save Their Lives” revealed the devastating consequences that the regulatory failures and inadequacies of the FDA have had, specifically on women.
The history of death and serious injuries that women have faced over the years from under-researched and misjudged drugs is unnerving, as drug companies continue to produce drugs for otherwise healthy women to control their reproductive systems (i.e. birth control, hormone replacement therapy, etc.). Furthermore, a large majority of drugs are released into the market without first understanding the possible effects that they can have on a pregnant woman and her fetus. Sometimes, it is not until a larger population of patients is exposed to the drugs that these more infrequent and potentially life-threatening side-effects are recognized. And even though they are recognized, it is not until litigation is brought by injured women, that the potential side-effects are addressed by the companies.
This report has been released at a crucial juncture in time, as the Supreme Court is set to hear the case of Wyeth v. Levine on Monday, November 3, 2008, regarding the issue of whether drug companies can be sued by injured consumers due to the negligent or reckless behavior of the companies. If the Court were to find in favor of the drug companies, then the most effective means of regulating the pharmaceutical industry could be lost, inevitably leading to only more injuries and deaths. Civil actions against drugs companies have been the source for increased warnings on the labeling for drugs and even for the removal of drugs from the markets. Furthermore, lawsuits provide those injured by such drugs with a means of obtaining compensation for their pain and suffering. Without personal injury actions available to these injured people, not only will their individual stories of suffering go largely ignored, but their fates and the fates of all patients taking pharmaceutical drugs is left up to the FDA, who, up until recently, readily admitted to being undermanned and under-funded to fully evaluate all of the information provided to them by the pharmaceutical companies when evaluating a drug for release on the market.
If you or a loved one were injured by the serious side-effects of a pharmaceutical drug, please contact our office via our website at www.pbmattorneys.com for a free consultation so that we can work with you to protect your rights.
