Since the United States Food and Drug Administration called for the banning of all drugs that contain propoxyphene in November 2010, more and more people have begun to file Darvocet Lawsuits in the state and federal courts. Since the change of presidents to Barack Obama, the policy of state tort laws allow an individual harmed by corporate irresponsibility to sue for damages which is good for those with Darvocet Lawsuits. Before this policy was in effect there was a push for federal preemption, or the precedence of federal law over state law, in regards to a citizen’s right to sue a company that caused him or her harm.
The United States Constitution says that federal law will always take precedence over state law whenever there a conflict between the two. Several federal agencies tried to extend this policy to include federal law extending to federal legislations, like those placed by the United States Food and Drug Administration (FDA) during the previous president.
This policy basically states that if a product is able to obtain FDA (a federal agency) approval the approval effectively carries the same weight as federal law preempting any tort state law. For instance, in one Supreme Court decision, the Bush Administration argued that a patient injured by an exploding balloon catheter could not sue the manufacturer under state law because the device had been approved by the FDA. The Supreme Court sided with the manufacturer.
During the 2009 case of Wyeth v. Levine the Supreme Courts direction became largely reversed. Levine claimed that the pharmaceutical company Wyeth, maker of her prescribed medication Phenergan, failed to warn her about the about Phenergan’s side effects which caused her to have her arm amputated due to tissue damage. This charge was argued by Wyeth that the drug was FDA approved and preempted the tort state law. The ruling of the Supreme Court was that even though the drug obtained FDA approval does not mean its manufacturer is let go from its duty to warn its consumers of potential risks.
As with the Lawsuit against Wyeth, the Darvocet Lawsuits fall under the same “Failure to warn” style, and now that the Supreme Court has ruled in favor of the plaintiffs and with Presidential Policies on your side, those with credible claims against Xanodyne will see their day in court.
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