Supreme Court rules 6-3 against Wyeth

School of Law Professor Kevin Outterson, director of the Health Law Program, says the U.S. Supreme Court’s 6-3 ruling that drugmakers can’t use federal regulation to shield them from lawsuits brought under state consumer-protection laws reflects poorly on the Bush Administration’s legal views on such cases.

“A strong majority of the Court, including Justice Thomas, agreed that state tort law still applies to FDA-approved drugs.  The Court was particularly unimpressed with the shoddy process the Bush Administration has used to attempt to overturn decades of precedent on this issue.”

Contact Kevin Outterson, 617-353-3103, mko@bu.edu

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