At least when it comes to pharmaceutical companies, doctors agree that personal injury and wrongful death lawsuits promote safety. The editors of the New England Journal of Medicine, one of the most influential medical journals in the United States, recently submitted an amicus brief to the Supreme Court of the United States in a product liability lawsuit against the manufacturer of phenergan, a medication used to combat nausea, particularly during hospitalizations.

The injured victim lost her arm below the elbow by amputation due to gangrene after being injected with phenergan. She sued the manufacturer and alleged the company failed to warn of such dire consequences. The manufacturer appealed a 7 million dollar verdict arguing that the Food and Drug Administration’s approval of the medication’s labelling eliminates any liability under federal law. The label didn’t specifically warn of such tragic consequences as gangrene and amputation. The NEJM editors urged the Supreme Court to be skeptical of allowing drug manufacturers to escape liability based on FDA approval of labelling, arguing that the FDA is overwhelmed in trying to keep up with drug safety issues, lacks the ability to be the sole guarnator of drug safety, and that lawsuits help guarantee drug safety.

 

The Florida personal injury attorneys at CGWC have long known that what we do in courtrooms is the best way to ensure that others act carefully and safely, whether they are drug manufacturers, drivers of motor vehicles, property owners, employers, hospitals, or doctors. It comes as no surprise that the fine physicians at NEJM would recognize this. Government agencies have their place in regulating businesses and professions to help ensure safety, but bureaucracies are never capable of ensuring safety alone. The civil justice system always has and always should have its role in ensuring safety and compensating those injured by the negligence of others. If you have been hurt by someone or something, you may have legal rights. Call CGWC for a free consultation.