Bill Harley and Doug Bell speak on behalf of Diana Levine

[sklanger]

They did sue the health care provider. They settled out of court as far as I know. Then they went after the big fish - Wyeth.

The issue is whether Wyeth should have contraindicated, contrary to FDA direction. Following the state court jury's determination would mean a conflict with the FDA - and therefore federal law. And under federal preeemption doctrine, federal law 'wins' or preempts state law. Wyeth, in other words, is being penalized for (correctly) following the FDA's determinations!

[Winnjn5]

Thanks for this. Well put.