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Cutter's Way

This year the Supreme Court has given itself three opportunities to rule on the question of whether FDA decisions trump the ability of consumers to sue pharma companies in state courts. The score so far: one minor loss for pharma and one pretty big win for medical devices, with a big case yet to come.

But don't count on any relief, even if the Court comes down resoundingly on the industry's side later this year when it hears Wyeth v, Levine. Henry Waxman doesn't believe in preemption, as it's called. "The Supreme Court's decision strips consumers of the rights they've had for decades," Waxman told reporters after the court ruled in Riegel v. Medtronic, the device case. He followed up by ...

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