FDA Preemption: More on Medtronic and Wyeth
The Wall Street Journal publishes an editorial bashing the effort in Congress to overturn the Supreme Court’s ruling in Riegel v. Medtronic. Nothing new in the editorial, just a repeat of the policy arguments Medtronic successfully advanced in Riegel.
I found the last line of the editorial of interest:
If Congress really wants to improve the quality of medical products for consumers, it would better spend its energy on reforming the bureaucratic morass that is the FDA.
No acknowledgement was made of the incredible irony of the author’s advocating an organization he calls a “bureaucratic morass” to be the last and only safety net for protection and justice for people who have suffered catastrophic life altering injuries.
In related news, Pharmalot notes that 47 state attorneys generals, former FDA commissioners, members of Congress, constitutional experts and editors of The New England Journal of Medicine have filed their own briefs arguing against preemption in Wyeth v. Levine. I'm not going to read and break these briefs down. But I'm also guess our friends at the Drug and Medical Device Blog are not going to either. But, in an upcoming post, they will break down the DRI amicus brief for the 11th time, this time including an analysis of the suit and tie color schemes worn by the 72 lawyers who wrote the brief (shocking sneak preview: they love it!).
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Comments
Of course we won't. We've always been very up front about what we do. That's to help folks on our side make better arguments. Thus we explain how to use our side's arguments and secondarily to rebut your side's. It's not our job to provide a similar service to those who sue our clients.
Posted by: Jim Beck | August 24, 2008 8:04 PM
True. I'm mostly just poking fun at you. I've said many times that I think you have the best written and most in-depth legal blog that is out there. That said, does it bug me a little that by way of writing style you pretend to be an honest broker on these issues? Sure. But that is probably because I'm on the side I am on these issue.
Posted by: Ron Miller | August 24, 2008 10:20 PM