LawyersUSA

A group of influential doctors have filed an amicus brief backing the plaintiffs in the closely-watched U.S. Supreme Court case Wyeth v. Levine.

The doctors – 10 current and former editors of the New England Journal of Medicine – say plaintiffs' suits serve as an important check to protect patients.

The amicus brief, filed on behalf of the doctors by the public interest legal group Public Justice, argues that approval by the Food And Drug Administration should not shield drug manufacturers from liability for inadequate drug labels.

"The drug industry is seeking total immunity from lawsuits involving defective warning labels," said Gerson H. Smoger of Dallas, Texas, lead counsel on the brief. "We are committed to stopping this grave threat to public health and safety."

The tort system serves as an essential counterweight to self-serving actions by unearthing key information that can assist the FDA in evaluating the benefits and risks of prescription drugs and by creating a potent deterrent against pharmaceutical company misconduct, the brief argues.

The case is scheduled for oral arguments on Nov. 3, 2008.

Click here to read the brief on the Public Justice website.