Sunday, April 6, 2008

Legal Shield for Drug Makers

There is a great article in The New York Times this morning about Johnson & Johnson arguing that because the FDA approved the Ortho Evra patch they can't be sued for problems related to women using the patch. This would create a legal shield for pharma companies.

This is an interesting article for a number of reasons, not the least of which is that it looks like J&J knew there might be some problems with the patch before the FDA ever approved it. If that's the case, I don't think they should really be able to use FDA approval as a legal shield. (Of course, I'm not a lawyer, but that just seems like common sense.)

Beyond that, the most interesting details of the article (to me) were related to the problems that the FDA faces in regulating drugs and pharma companies. I think the general public reading this article wouldn't exactly have an increase in confidence that the FDA can adequately protect the public... Very interesting article, definitely worth a look.

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