Supreme Court Case on FDA Regulations and Injury Lawsuits Discussion – Fort Lauderdale Injury Attorney
Fort Lauderdale injury lawyer Andrew Alitowski knows that the Food and Drug Administration has been under fire for quite some time now. From inadequately inspected foods that resulted in American illnesses, such as the peanut butter scare stemming from a poorly-sanitized Georgia plant, to the infant formula scare in China that drew questions about our own inspections of foreign products, the FDA has struggled with food and drug safety issues in the public limelight frequently in recent years. As a Broward injury attorney, Andrew Alitowski remains concerned about the well-being of Floridians in all aspects, but particularly in terms of the safety of drugs on the shelves of our supermarkets and pharmacies.
The United States Supreme Court issued an important ruling on prescription drug safety this week. The Justices held that people who have been hurt by drug side effects or other problems can file personal injury suits at the state level, upholding a multi-million dollar verdict against the prescription drug company Wyeth. The drug company had claimed that these lawsuits were invalid because the drug companies were subject only to federal regulation through the FDA. In upholding the right file personal injury lawsuits at the state level, the Justices offered a ringing endorsement of the beneficial effects these suits can have. Justice Stevens wrote that, “State tort suits uncover unknown drug hazards and provide incentives for drug manufacturers to disclose safety risks promptly. They also serve a distinct compensatory function that may motivate injured persons to come forward with information.” He also wrote that the FDA has limited resources, yet must monitor in excess of 11,000 drugs. Justice Stevens cited many studies that have found that the FDA is overburdened and not as effective as it should be. He opined that “state law offers an additional, and important, layer of consumer protection” that can supplement the regulations set forth by the FDA.
Broward plaintiff’s attorneys Alitowski and Moore could not agree more with Justice Stevens. The importance of allowing personal injury lawsuits at the state level cannot be overstated. The potential for costly verdicts and bad press compels companies to follow the law and work to make their products safer. Furthermore, products that are unsafe come to the attention of the public much faster due to these suits. Most importantly, the consumers who are injured can be compensated – for pain and suffering, for medical expenses, and for other damages. In some cases, the companies who manufacture defective or otherwise problematic products, including prescription medications, must pay punitive damages.
