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Medical lawsuits may soon be a thing of the past

The Wyeth case, combined with Riegel, "has the potential to obliterate entire mass tort litigations at a stroke."
Written by Dana Blankenhorn, Inactive

Daniel Troy, former FDA general counselWhenever I discuss rising medical costs here, at least one commenter (often several) will chime in and blame the lawyers.

If we just didn't have all those nasty lawsuits...

Well you may get your wish.

In a case called Riegel vs. Medtronic, decided last month, the U.S. Supreme Court ruled FDA approval of medical devices pre-empts most state suits against their makers, essentially giving device makers immunity from suit.

This doctrine of pre-emption may be extended to drugs later this year, in the case of Wyeth vs. Levine. Arguments have been scheduled for the fall.

Whether the FDA makes a mistake in approving a device or drug makes no difference here. State courts would be closed to litigants once the agency gives its approval.

Liberals and the plaintiffs' bar smell conspiracy, but as Mother Jones makes clear there is one man to credit (or curse) here, Daniel Troy (above).

Troy fought the FDA for a decade before becoming its general counsel in 2001.  He's now with Sidney Austin LLP. From the outside, he argued that the agency was over-reaching. From the inside, he argued that its decisions would be inviolate.

Conservatives and business interests are over the moon. The Wyeth case, combined with Riegel, "has the potential to obliterate entire mass tort litigations at a stroke."

Given the likelihood of a new Administration and a new FDA with a mandate at issue with Mr. Troy's, it will be interesting to see how he handles his arguments going forward.

For now, the regulators may indeed rule supreme.

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