FDA-approved products no longer protected from lawsuits

Drug companies will have to write better warnings in the future

Yesterday, March 4, 2009, the Supreme Court upheld the rights of patients, who have been hurt by over the counter or prescription drugs, to sue the pharmaceutical manufacturer. This overturns the previous administration's efforts to protect drug makers that had received FDA approval.

This move returns the power to consumers to sue drug companies when the product is dangerous and injures the patient.

Stemming from the story of a Vermont resident who received an injection of an anti-nausea medicine that caused the woman to lose her arm. It all boils down to inadequate warnings on the drug labels. According to the Baltimore Sun's March 4 article Supreme Court backs patients' right to sue drug makers, the victim asked "Who would take an injection to relieve nausea, if a patient knew she could lose her arm as a result?"

Will this force drug makers to improve warning labels? Quite probably. But we may see the continued trend of patients taking the initiative to research all of their options in advance. Informed consent should not only include the possible dangers of a drug, but also the alternatives. See The move to wellness healthcare for an example of this trend.

(Image Vangelis Thomaidis)