The Supremacy of Preemption
This piece first appeared on January 8, 2008 on TCSDaily.com.
Patients will benefit if the Supreme Court sides with pharmaceutical companies in two cases this session, establishing the general principle that drug makers can't be sued for unforeseen side effects that emerge after drugs have received Food and Drug Administration (FDA) approval. The alternative is to let pharma slowly be sued into abandoning the introduction of new lifesaving drugs, since new drugs always carry some risk.

