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Drug, cigarette company hopes hinge on appeals
Published in: Legalbrief Today
Date: Tue 22 January 2008
Category: Litigation
Issue No: 1991



The US Supreme Court has agreed to hear two appeals that, if upheld, would mean a new barrier to shield drug companies and cigarette makers from lawsuits from consumers who say they were not fully warned of the dangers of the product.

According to the Los Angeles Times, lawyers for the pharmaceutical industry and cigarette makers argue that their products should be shielded from suits if they have been approved for use by a federal agency – such as the Food and Drug Administration – and a warning label is included. For example, most prescription drugs come with labels that indicate they may be safely used under certain conditions. In one case, the justices agreed to hear drug maker Wyeth's appeal against a $6.8m verdict in favour of a musician whose arm had to be amputated after she was injected with Phenergan, a nausea medication. In the second case, the court agreed to hear an appeal from cigarette maker Philip Morris USA, which faces at least 30 suits across the country from smokers who say they were deceived into thinking that ‘light’ cigarettes were less dangerous.
Full Los Angeles Times report




  


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