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Trial lawyers specializing in personal injury and civil litigation

Protected by the FDA? Don't count on it.

If you thought that the Food and Drug Administration was protecting you, think again.  KV Pharmaceuticals announced this week that it was recalling "most of its products" and halting manufacturing and shipping operations.  These developments followed the November decision by the FDA to investigate the recall of over-size tablets manufactured by the company, including pain killers and ADD drugs, which were capable of delivering "dangerously large doses" of medication, according to the Associated Press.  Not only did the drugs find their way to the market, the AP reported that the FDA had been investigating the company's manufacturing and quality control standards for more than a year and was "still in discussion" with the company over the terms of the latest recall. 

Keep in mind that the U.S. Supreme Court has recently held that consumers should not be able to sue for injuries caused by medical devices, because the FDA's over-sight of the devices constitutes adequate protection and "preempts" private legal actions.  Michigan has held that all claims of injury by FDA-approved medications are similarly "preempted".  Perhaps we should disband the FDA and allow private lawsuits to protect the public instead:  the alternative would be cheaper to the public and probably more effective.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262