Posted On:
March 4, 2009
Wyeth v. Levine: Alito's Dissent
I just wrote a blog post for the Maryland Injury Lawyer Blog about the Plaintiff's victory in Wyeth v. Levine.
In his dissenting opinion, Justice Alito writes:
This case illustrates that tragic facts make bad law. The court holds that a state tort jury, rather than the Food and Drug Administration, is ultimately responsible for regulating warning labels for prescription drugs.
In other words, six of his fellow justices, all of whom have spend more time on the Supreme Court than Justice Alito, are so blinded by Ms. Levine's injuries that they are no longer capable of making a rational decision. Does Justice Alito really think this the reason why six Supreme Court Justice ruled as they did in Wyeth v. Levine?
- Medtronic v. Riegel (blog post from the day of the opinion)
- New England Journal of Medicine (support for the Medical Device Safety Act)
- More on the Congressional Hearings (Drug Recall Lawyer Blog post)
- Wyeth v. Levine (logic not extended to drugs)
