tag:blogger.com,1999:blog-36762711.post5319865940717540427..comments2023-11-03T06:14:58.449-04:00Comments on Drug and Device Law: First Thoughts About KentRachel B. Weilhttp://www.blogger.com/profile/02251124525069607080noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-36762711.post-51421139842258100832008-03-06T10:09:00.000-05:002008-03-06T10:09:00.000-05:00Ann Urda, Supreme Court Ruling Could Impact Aredia...Ann Urda, Supreme Court Ruling Could Impact Aredia Case, Product Liability Law 360: March 5, 2008. http://productliability.law360.com/Secure/ViewArticle.aspx?id=49045<BR/>(discussing the fact that the MDL Judge in the Aredia and Zometa cases asked parties to brief him on effect of Warner Lambert v. Kent’s outcome should have on defendants’ motion to dismiss)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-36762711.post-73261195668766014682008-03-03T16:39:00.000-05:002008-03-03T16:39:00.000-05:00For those of us (non-lawyers, non-plantiffs) who h...For those of us (non-lawyers, non-plantiffs) who have fought Michigan's preemption law, I agree that this decision provides no solace re: the bigger picture.<BR/><BR/>The vast majority of potential litigants, and probably those with the most deserving cases, will not have the wherewithal to file elsewhere. Meanwhile, Michigan's law remains in place.<BR/><BR/>Its so-called "fraud exception" is tied to a second condition - that the drug in question "would not have been approved or would have been withdrawn" had the facts been fully disclosed.<BR/><BR/>Any hypothetical speculaton about what FDA would have done under X circumstances is obviously shaky at best. So they went out of their way to reaffirm in their Kent brief. In this instance, Rezulin was withdrawn. But no one at FDA directly involved in that decision has said that WL's behavior had an impact one way or other. (Whether it did not not is a separate question.)Anonymousnoreply@blogger.com