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Defective Products

3/5/2009
Steve Reilly
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State Claims for Injuries from Medications not Preempted by Federal Law - Wyeth v. Levine

The United States Supreme Court in Wyeth v. Levine ruled that state tort law claims for injuries caused by medications were not preempted by Federal Law.  In essence, the drug companies argued that since they received FDA approval for the drugs, injured people could not file a state law claim alleging they were injured by a defective drug.  The Supreme Court disagreed.  This is a major victory for people injured by dangerous or defective drugs.

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