Texas Judge Dismisses Vioxx Claims


Last week I wrote that a Texas judge anticipated dismissing 1,000 Vioxx claims. The dismissal was not on the merits, but based on an FDA regulation that asserts it can preempt state law, and grant immunity to companies whose drugs have been FDA approved. This is claimed despite the fact that Congress has passed no such law.

As per a report today (Harris Martin Publishing), the judge has now signed an order to that effect. My own check of the court’s website, however, does not show it to be online at this point.

This time of regulatory tort “reform” is a far more subtle and insidious way of protecting big business than those that advocate caps for those with catastrophic injuries.

Addendum: 4/22/07A copy of the decision is now available here.
You can find stories at Drug and Device Law (the most detailed coverage), WSJ Law Blog, and Point of Law.

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