Docs also have doubts about FDA
I recently gave you some statistics showing that the FDA is overwhelmed in reviewing drug ads to see if their benefit claims fly in the face of the truth. And how many cases have I told you about in which the FDA is slow to act when faced with evidence that a drug should be yanked from the market?
There's a perception that the FDA really exists just to appease the powerful medical and drug-company lobbies, and that protecting consumers is a second – and distant second – priority.
Interesting enough, the medical profession is now coming forward to say that the FDA doesn't serve it particularly well, either.
The editors of the New England Journal of Medicine (who are some of the country's most respected docs) recently filed a brief with the United States Supreme Court in the case of Wyeth v. Levine, which is expected to be heard this fall. In the suit, Wyeth claims that once the FDA approves a product and its safety instructions, measly state product liability laws no longer apply.
The NEJM editors say that's a terrible argument, because the medical community can't rely on the FDA to do its job of policing drugs and drug companies. Only consumer lawsuits can really force Big Pharma to make changes.
I'm glad to see the NEJM editors taking this stance – especially since Wyeth's conduct here is horrifying. This whole suit was the result of a Vermont woman losing her arm after being injected with Phenergan, Wyeth's anti-nausea medication. If Wyeth had its way, the victim wouldn't get a penny.
In short, the drug companies would be only too happy to leave you with zero recourse. You can bet that Big Pharma will watch the Supreme Court's action on this case with a big magnifying glass. So will I — and I'll keep you posted.
