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.
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.