The Latest Big Pharma Company Scam

The Latest Big Pharma Company Scam

There are some good things produced by Big Pharma-antibiotics, some cancer drugs and numerous other drugs. However, if you want to see some of the bad things caused by Big Pharma, you can spend a week at Novus Medical Detox Center. You will see the harm done by OxyContin addiction and other opioid addiction, Xanax and other benzodiazepine addiction, and the ravages caused by the improper use of psychotropic drugs. These people were not using the drugs illegally but in the manner that Big Pharma advised doctors was safe. In the past, we have commented on the duplicity and actual immorality of the drug companies. We have also been very critical of the FDA and their "cozy" relationship with Big Pharma. We have pointed out that the FDA believes that Big Pharma, not the consumer, is the client of the FDA. However, the relentless pursuit of profit at the expense of the public health may be granted a "Get Out of Jail Free" card by the United States Supreme Court in the case labeled Wyeth v. Levine. If Wyeth wins, then Big Pharma may well escape liability for their misdeeds.

FACTS OF THE CASE In this case, Diana Levine, a musician, was given Phenergan improperly in a Vermont emergency room and ended up losing her arm. Levine sued Wyeth Pharmaceuticals, the maker of Phenergan, because Wyeth had not warned against the procedure used in the emergency room on the Phenergan drug label. Levine won a $6.8 million judgment against Wyeth and Wyeth appealed. The Vermont Supreme Court upheld the judgment and Wyeth appealed to the U.S. Supreme Court. The U.S. Supreme Court agreed to hear the case and briefs are being filed before the Court.

THE ISSUE BEING DECIDED The issue before the U.S. Supreme Court is whether Ms. Levine's suit should be dismissed. Wyeth argued that the Vermont courts should never have heard the case because Congress had "pre-empted" state law. This is a very complicated legal argument, but Wyeth is asserting that any issue that was subject to FDA approval must only be addressed in federal court and that state courts have no jurisdiction.

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