Two Federal Courts Reject Pfizer's Federal Preemption Argument in cases involvin

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Mon, 11 Apr 2005 03:34:21 -0400

 

 

[sSRI-Research] Two Federal Courts Reject Pfizer's Federal

Preemption Argument in cases involving Zoloft

 

 

Two Federal Courts Reject Pfizer's Federal Preemption Argument in

cases involving Zoloft

 

 

Fri, 01 Apr 2005

 

http://www.ahrp.org/infomail/05/04/01a.php

 

With assistance from Daniel Troy as chief counsel of the FDA, Pfizer

argued that state courts have no right to decide that a drug

manufacturer can be held liable for not disclosing severe - even

lethal--adverse side effects to physicians and the public, if the FDA

did not require such warnings. Pfizer and Troy claimed that FDA¹s

judgement preempts any other jurisdiction. The claim sought to

legitimize fraud - as stated plainly by NY State Attorney General.

 

The preemption argument has confounded families, preventing them from

seeking justice.

 

Two federal courts rejected the preemption argument:

 

On March 30, 2005, US District Court in Louisiana and on March 31,

2005, the US District Court in Texas rejected Pfizer¹s motion for

summary judgement.

 

Both cases involve suicide by patients who were prescribed Pfizer¹s

SSRI antidepressant Zoloft (sertraline).

 

Eliot Spitzer called the concealment of the hazardous, potentially

lethal side effects--fraudulent marketing.

 

Contact: Vera Hassner Sharav

212-595-8974