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FDA approved warning labels may not protect drug makers in liability cases

Justice John Paul Stevens announced a major defeat for the pharmaceutical industry on Wednesday March 4, 2009. The U.S. Supreme Court ruled against the drug-maker Wyeth with a 6-3 vote stating that the pharmaceutical company can be held liable for harm caused by medicines even if they carry warning labels that have been approved by the Food and Drug Administration. The Supreme Court ruled that, although the FDA may have approved the drug’s warning label, it does not block the drug company from damages in liability claims because the FDA does very little actual testing of the dangers.

This ruling may lead to better warning labels on drugs in an effort by pharmaceutical companies to protect themselves from future liability claims.

About the <span>Author</span>

About the Author

Tom D'Amore is the founder of D'Amore Law Group and a trial attorney with over 30 years of experience representing injured people and their families across the West Coast, securing more than $325 million in recoveries. He handles cases involving car accidents, trucking accidents, construction injuries, medical malpractice, and sexual abuse. Licensed in Oregon, Washington, and California, Tom is the only NBTA board-certified truck accident attorney in Oregon. He is a national Board of Governors member, past Executive Committee member, and past Budget and Audit Chair of the American Association for Justice, as well as past President of the Oregon Trial Lawyers Association and an Eagle member of the Washington State Association for Justice.
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