I'm actually mildly conflicted by the Supreme Court's decision in Wyeth v. Levine, where the court held Wyeth liable even though the fact that a patient got gangrene and lost her arm was because a medical assistant failed to follow several clear warnings on the drug's packaging. On the one hand, as this Register editorial points out) it's not unhealthy to note that the FDA (which makes plenty of mistakes) is not necessarily the final adjudicator, that juries can have a say. On the other hand, I'm not sure if I agree with this jury's verdict; the warnings were pretty clear and it's not necessarily Wyet's fault that the medical assistant ignored them or didn't know how to pay attention. This decision will no doubt unleash all kinds of lawyers with clients looking for deep pockets even though their cases may be marginal.
I'm a little surprised that MPP and other drug-law reform groups haven't taken note of the fact I noted: that the FDA-approved drug in question whose side effect for improper application was gangrene(!), while there's another effective anti-nauseant available, cannabis, whose only side effects might be a scratchy thorat and a cheerful disposition.
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