Virginia Medical Malpractice Blog - Williamson & Lavecchia, L.C.

Doctors Agree that Lawsuits Are Effective Deterrents Against the Sale of Dangerous Drugs

The editors of the influential New England Journal of Medicine have filed an amicus curiae (friend of the court brief) in the U.S. Supreme Court arguing that lawsuits against drug companies are necessary for patient safety.  At issue is whether a victim of a dangerous drug, like Vioxx, can sue the manufacturer of the medication.  Drug companies are arguing that they should not be sued if the medication was approved by the FDA. 

According to these doctors, lawsuits are a "vital deterrent" and protect patients from drug companies that may otherwise not disclose all the risks of the medications to the FDA.  In fact, they argue that the FDA is in "no position" to guarantee patient safety.  As noted in the brief, plaintiffs in lawsuits against drug companies conduct extensive discovery that the FDA relies upon to ensure drug safety. 

The doctors point about legal discovery is on the mark.  In our experience, we often learn through subpoenas and depositions that the facts were not fully disclosed to the patient.  We have found incident reports in hospital files that prove that the victims injuries were preventable.  While the primary purpose of pursuing a medical malpractice or products liability action is to compensate the victim these cases also protect the public by exposing deterring wrongdoing.