Wyeth v Levine
Amicus brief to the U.S. Supreme Court arguing that the U.S. Food and Drug Administration’s (FDA)’s approval of a prescription drug’s label does not preempt failure-to-warn claims under state laws. The brief, which was filed on behalf 10 current and former editors and contributing authors of the New England Journal of Medicine in their first-ever legal brief, argues that the FDA lacks sufficient information and resources to serve as the sole monitor of pharmaceutical risks, that federal preemption of failure-to-warn claims would pose a serious threat to public health and safety, and that effective monitoring of drug risks requires a robust tort system. The brief was authored by Gerson H. Smoger, former President of the Public Justice Foundation, with assistance from Public Justice Senior Attorney Leslie Brueckner.
