Tuesday, October 18, 2011
Wisconsoin considers new preemption statute
At the request of Wisconsin Governor Scott Walker, a state Senate committee has proposed a bill that would protect drug and device makers from liability in state lawsuits, so long as their products were approved by the FDA, unless the manufacturer committed fraud against the FDA. The measure seems to be modeled after a statute in Michigan (see here), which has been described as the most restrictive in the country - meaning that it provides the most protection to manufacturers from injured victims' claims. An attempt to enact similar legislation in North Carolina was recently abandoned (see here). Pharmalot has more details here. You can read the bill here.