Gork,
Your intelligence really shows. Ever have an operation? You are told about risks and sign a release. I’m not absolving the drug companies (how do we know the doctor was not at fault?) but the law had been the warning labels would protect drug manufacturers. As Alito said you can’t make this type of decision based on one case.
YOU ARE A MORON – Just come out and say you are a socialist
Good job Gork! You ARE correct, it was the Bush Administration who put those justices up on the bench, not Obama. What a sore loser! It’s obvious that ‘reaper’ can’t get over the fact that his party is in shambles and they lost. Bush let a lot of things slide and people lost their lives because of it. GOOD RIDDANCE!!
At least be brave enough to post a name instead of being anon. The party is not in shambles. It’s just the liberal news media that makes it look that way! Get a clue!
The drug company was right to appeal. If I remember correctly, the original story was that not that the drug was a problem but that the hospital worker administered it incorrectly.
As to new drugs during Obama’s tenure…Obama doesn’t even play into it. The manufacturer being held responsible for an error caused in the hospital setting even when they labelled correctly is what will prevent or reduce new research. Once again we have a system that goes for the deepest pockets regardless of their degree of fault.
Hey, justamom, I DO have a clue! Do you? Do you read the newspaper, magazines or listen to the news? Your ‘party’ appologized to Rush and he’s a JOKE! Are you kidding me? You think it’s not in shambles, keep up with the news a little more lady and you might just learn something!
Drug manufacturers are under tremendous pressure to produce, but everytime somebody gets a bad outcome, the suits fly. This ruling makes it open season on the drug companies. The standard of proving negligence/liability should be set very high. Pretty soon, drug manufacturers will just quit trying to improve the quality of life and stop making drugs.
Can you imagine this country with no drugs at all (good ones and bad one’s). Ones that make you big, ones that make you small……..you know the song…
So I say that all drug companies stop making drugs and see where that gets us!!! We would all die at 40, the common flu would know about 1-2 million of us out each year, small pox would make a come back………..
Did you lose sight of the facts of the case. The nurse gave the medication via a non recommended way and that is what caused the injury. There was a warning label on the medication as to the proper way it should be given. How is the injury the drug company’s fault???
At the risk of insulting the intelligence of the other commentors, almost everyone missed the point of the article. It was not about whether the drug company should have been held liable. The state legal system already decided that. The Supreme Court had to decide if FDA approval pre-empts state liability law and completely shields a drug manufacturer from tort claims. If a drug passes the acceptance of an underfunded federal agency, the manufacturer has no further responsibility for its products’ safe use?
That’s like saying insurance rates are actuarially sound if:
they are not inadequate, excessive or unfairly discriminatory
OR
the state DOI approves your rate filing.
Full Disclosure: I’m generally opposed to frivolous litigation, excess damage awards, and the proliferation of attorneys in general.
HOWEVER
When you are at a medical office, do you question the doctors/nurses before they administer injections?
Has anyone said “WAIT don’t inject me with this, I want to read all the labels!”
Of course not. You defer to the doctor’s expertise, and he/she relies on the pharmaceutical company information.
Can you imagine if you went for relief for your migraine and they had to AMPUTATE YOUR ARM?!? It seems maybe Wyeth should have made this possibility just a little more obvious, something along the lines of ****DO NOT ADMINISTER BY INJECTION****
ON a separate note
Why did the judges dissent? Shouldn’t a REAL conservative defer to states’ rights over federal pre-emption?
This is why we are headed for the toilet….true conservatism is dead. The U.S. has NO right to tell the states’ their laws are not valid. This is how the civil war started.
so, let me get this straight, does this not open the door for more claims? afterall, we can claim that even though i read the smoking label, warning for my health, i can still sue!!! this is what is going to make this ruling very bad! we are going to absolve all discrepancies or bad choices to the big brother/company. never my fault it’s going to become. what happen with that issue? the doctor and his nurse should be held accountable for giving the drug incorrectly. next thing you know, that i purchase a can of corn from my supermarket with a label that is not specific and i can sue that it caused me to GAIN WEIGHT!! where will it end? why can’t we accept our own responsibility. i think we need to rethink of what is actually FDA’s responsiblity? why is it so hard to get proper drugs approved? why can we get drugs from overseas (like france), and yet they are not available here.
this opened a huge can of worms. as to court appointees – remember just because a president appointed them to the court, remember that it had to pass congressional approval. most of those on the current court were prior to the Bush admin. so stop blaming the politics, because the courtroom is not about democrat or republican, it’s about discerning the law and applying correctly. um..um.. maybe the drug company should sue FDA? afterall, if the warning label was incorrect even though they told them it was, then why not sue that feds for giving false info? um…um… more litigation and tie up in courts… more frivilous suits now because of the US Supreme Court ruling.
Bush put TWO judges on the bench, Idiot Gork, both of whom dissented. Clinton’s atrocious picks affirmed. You have a grade school, name calling mentality, just like your Messiah, Obama. Am I on your enemy list now? Or are you unaware of the list since you only watch network news and of course, those commies only report the good on Obama
You’re correct, Actuary, everyone missed the point of this article. THIS court decision simply said FDA label approvals (aka federal laws) do not pre-empt state laws and shield drug companies from lawsuits. All those who have an issue with the $7 mill judgement can take it up with the Supreme Court of Vermont.
i know this has nothing really to do with the article, but i do have a comment about the way the drug was injected. i too went to the hospital because of neasua, and was given a anti-neasua injection. the nurse stopped the iv and injected the drug, she never started the iv back up which ended up giving me the full strength dose without mixing it with the iv fluid like it should have been. i started feeling itchy, and restless. i felt like running, but knew i couldn’t. the nurse didn’t know what to do, then she looked at the iv and started the flow again. after that i never seen her again, she should have kept checking on me. i was having a reaction to the full dose, and she didn’t care. the woman should have sued the hospital too, not just the drug company. actually in the suit it should have included the hospital, the doctor and the nurse. but lawyers see big money in drug companies.
Scalia dissented, but then again, he still has both of his arms, doesn’t he???
Justice Alito got it right. Welcome all to Planet Obama. Let’s see how many new drugs are researched and developed during the Messiah’a tenure.
So “reaper”, what do you think – as long as most people don’t have their arms amputated it’s okay?
There have been too many instances in which drug companies knew of risks that were not understood by the public or by medical staff.
Get over the Messiah thing, the dumb guys lost, the smart guys won…
And, by the way, I didn’t realize Obama had appointed and Supreme Court Justices – yet…
Gork,
Your intelligence really shows. Ever have an operation? You are told about risks and sign a release. I’m not absolving the drug companies (how do we know the doctor was not at fault?) but the law had been the warning labels would protect drug manufacturers. As Alito said you can’t make this type of decision based on one case.
YOU ARE A MORON – Just come out and say you are a socialist
Just start taking street drugs & all your problems will be solved. Maybe it would be better if the award was only $7 instead of $7million.
You guys lost, didn’t you?
Good job Gork! You ARE correct, it was the Bush Administration who put those justices up on the bench, not Obama. What a sore loser! It’s obvious that ‘reaper’ can’t get over the fact that his party is in shambles and they lost. Bush let a lot of things slide and people lost their lives because of it. GOOD RIDDANCE!!
doesn’t matter who “lost”, Gork. Do you feel like a winner right now? We’re all pretty screwed.
See y’all at the soup kitchen!
Yes, I do.
At least be brave enough to post a name instead of being anon. The party is not in shambles. It’s just the liberal news media that makes it look that way! Get a clue!
Dang, you people are such idiots. Can we for once just discuss the article and keep politics out of it?!?!
The drug company was right to appeal. If I remember correctly, the original story was that not that the drug was a problem but that the hospital worker administered it incorrectly.
As to new drugs during Obama’s tenure…Obama doesn’t even play into it. The manufacturer being held responsible for an error caused in the hospital setting even when they labelled correctly is what will prevent or reduce new research. Once again we have a system that goes for the deepest pockets regardless of their degree of fault.
Hey, justamom, I DO have a clue! Do you? Do you read the newspaper, magazines or listen to the news? Your ‘party’ appologized to Rush and he’s a JOKE! Are you kidding me? You think it’s not in shambles, keep up with the news a little more lady and you might just learn something!
….a cat fight btwn loliekay and justamom.
Sorry I’m just killing time and sick of reading about AIG
Drug manufacturers are under tremendous pressure to produce, but everytime somebody gets a bad outcome, the suits fly. This ruling makes it open season on the drug companies. The standard of proving negligence/liability should be set very high. Pretty soon, drug manufacturers will just quit trying to improve the quality of life and stop making drugs.
Can you imagine this country with no drugs at all (good ones and bad one’s). Ones that make you big, ones that make you small……..you know the song…
So I say that all drug companies stop making drugs and see where that gets us!!! We would all die at 40, the common flu would know about 1-2 million of us out each year, small pox would make a come back………..
Yep keep suing them!!!!!!!!!!
Did you lose sight of the facts of the case. The nurse gave the medication via a non recommended way and that is what caused the injury. There was a warning label on the medication as to the proper way it should be given. How is the injury the drug company’s fault???
At the risk of insulting the intelligence of the other commentors, almost everyone missed the point of the article. It was not about whether the drug company should have been held liable. The state legal system already decided that. The Supreme Court had to decide if FDA approval pre-empts state liability law and completely shields a drug manufacturer from tort claims. If a drug passes the acceptance of an underfunded federal agency, the manufacturer has no further responsibility for its products’ safe use?
That’s like saying insurance rates are actuarially sound if:
they are not inadequate, excessive or unfairly discriminatory
OR
the state DOI approves your rate filing.
Full Disclosure: I’m generally opposed to frivolous litigation, excess damage awards, and the proliferation of attorneys in general.
HOWEVER
When you are at a medical office, do you question the doctors/nurses before they administer injections?
Has anyone said “WAIT don’t inject me with this, I want to read all the labels!”
Of course not. You defer to the doctor’s expertise, and he/she relies on the pharmaceutical company information.
Can you imagine if you went for relief for your migraine and they had to AMPUTATE YOUR ARM?!? It seems maybe Wyeth should have made this possibility just a little more obvious, something along the lines of ****DO NOT ADMINISTER BY INJECTION****
ON a separate note
Why did the judges dissent? Shouldn’t a REAL conservative defer to states’ rights over federal pre-emption?
This is why we are headed for the toilet….true conservatism is dead. The U.S. has NO right to tell the states’ their laws are not valid. This is how the civil war started.
so, let me get this straight, does this not open the door for more claims? afterall, we can claim that even though i read the smoking label, warning for my health, i can still sue!!! this is what is going to make this ruling very bad! we are going to absolve all discrepancies or bad choices to the big brother/company. never my fault it’s going to become. what happen with that issue? the doctor and his nurse should be held accountable for giving the drug incorrectly. next thing you know, that i purchase a can of corn from my supermarket with a label that is not specific and i can sue that it caused me to GAIN WEIGHT!! where will it end? why can’t we accept our own responsibility. i think we need to rethink of what is actually FDA’s responsiblity? why is it so hard to get proper drugs approved? why can we get drugs from overseas (like france), and yet they are not available here.
this opened a huge can of worms. as to court appointees – remember just because a president appointed them to the court, remember that it had to pass congressional approval. most of those on the current court were prior to the Bush admin. so stop blaming the politics, because the courtroom is not about democrat or republican, it’s about discerning the law and applying correctly. um..um.. maybe the drug company should sue FDA? afterall, if the warning label was incorrect even though they told them it was, then why not sue that feds for giving false info? um…um… more litigation and tie up in courts… more frivilous suits now because of the US Supreme Court ruling.
Bush put TWO judges on the bench, Idiot Gork, both of whom dissented. Clinton’s atrocious picks affirmed. You have a grade school, name calling mentality, just like your Messiah, Obama. Am I on your enemy list now? Or are you unaware of the list since you only watch network news and of course, those commies only report the good on Obama
You’re correct, Actuary, everyone missed the point of this article. THIS court decision simply said FDA label approvals (aka federal laws) do not pre-empt state laws and shield drug companies from lawsuits. All those who have an issue with the $7 mill judgement can take it up with the Supreme Court of Vermont.
i know this has nothing really to do with the article, but i do have a comment about the way the drug was injected. i too went to the hospital because of neasua, and was given a anti-neasua injection. the nurse stopped the iv and injected the drug, she never started the iv back up which ended up giving me the full strength dose without mixing it with the iv fluid like it should have been. i started feeling itchy, and restless. i felt like running, but knew i couldn’t. the nurse didn’t know what to do, then she looked at the iv and started the flow again. after that i never seen her again, she should have kept checking on me. i was having a reaction to the full dose, and she didn’t care. the woman should have sued the hospital too, not just the drug company. actually in the suit it should have included the hospital, the doctor and the nurse. but lawyers see big money in drug companies.