Supreme Court rules drug companies are exempt from lawsuits

[dharh]

Kasz216 said:

Mr Khan said:
Not that it's not newsworthy, but sites like the one you linked are exactly why libertarians have a hard time gaining ground in mainstream American political discourse.

Pretty much.  It's a pretty funny case since it was a 5-4 vote where the conservatives won out, despite it being  a federalist vs states rights case.  The Conservatives were the federalists in this case, and the librerals the states right advocates.

 

Essentially the whole thing boils down to one simple thing.

State law requires that drug manufacturers post updated information about new sideffects in a timely matter and aren't unduly dangerous

Federal law requires that generic drug manufacturers must directly copy name brand warning labels, and their drugs must use the same kind of formula as the name brand drugs.

 

The company in this case could not update information on side effects in a timely matter because the federal law required them to directly copy the non-generic warning label.  Nor could they make the drug safer because they were forced to use the more unsafe namebrand version.

 

Due to Federal Primacy the state law is invalidated for all generic drugs.  (Aka 80%).

It's the correct ruling... and just another case of showing how the correct ruling isn't always the "best" one for the people.    People shouldn't be attacking the supreme court but instead pushing congress to ammend the federal law so that further state protections can function as intended.

 

Perhaps a happy middleground would of been to let generic users sue name brand companies for unsafe drug formulas if the results would of been the same on their drug.

Seems like this is the correct understanding. State Law vs. Federal Law can cause all sorts of stupid shit to happen and these factors behind this case are the result. Fix the laws and this kinda stupid stuff wont happen as much.