Source: NY Times ( Free Registration )

For years, the Bush administration has worked with industry to try to water down the public’s protections by preventing states from enforcing rules and regulations tougher than those required by the federal government. It has tried to apply this policy of pre-emption to rules issued by a slew of federal agencies and is now asking the Supreme Court to approve its improper ideological stand when it comes to drug safety. On Monday, the court heard arguments in the case of a Vermont musician who lost her arm after being injected with an anti-nausea drug. There is no doubt that Diana Levine was badly injured by a drug made by Wyeth. The only question is whether the Supreme Court will uphold her right to sue the company over its failure to adequately warn of a drug’s dangers. Or will it buy the arguments of the industry and the Bush administration that companies like Wyeth should be protected from such lawsuits in state courts if the products that caused the injury met federal regulatory standards?

Read Full Article: The court confronts a grievous injury