The choice of the United States Food and Drug Administration (FDA) to ban all products containing propoxyphene in 2010 has caused an influx of Darvon Lawsuits to be filed in both state and federal courts. Since the change of presidents to Barack Obama, the policy of state tort laws allow an individual harmed by corporate irresponsibility to sue for damages which is good for those with Darvocet Lawsuits. Before this policy was in effect there was a push for federal preemption, or the precedence of federal law over state law, in regards to a citizen’s right to sue a company that caused him or her harm.
The United States Constitution says that federal law will always take precedence over state law whenever there a conflict between the two. Several federal agencies tried to extend this policy to include federal law extending to federal legislations, like those placed by the United States Food and Drug Administration (FDA) during the previous president.
What this policy basically says is that if a product was able to obtain FDA (a federal agency) approval the approval effectively carries the same weight as federal law preempting any tort state law. In one Supreme Court hearing, the Bush Administration argued a patient injured by an exploding balloon catheter could not sue the manufacturer under state law because the device had been approved by the FDA. The Supreme Court sided with the manufacturer.
During the 2009 case of Wyeth v. Levine the Supreme Courts direction became largely reversed. The plaintiff Levine claimed that while on Phenergan, she was not made aware of the drug’s side effects by its manufacturer Wyeth, thus causing her arm to become amputated due to tissue damage. This charge was argued by Wyeth that the drug was FDA approved and preempted the tort state law. In the end the Supreme Court ruled that even with the FDA approval the manufacturer still needs to do its duty to warn of the drugs potential side effects.
Darvocet Lawsuits fall in the same category as those with Wyeth v. Levine, these “failure to warn” lawsuits have the Supreme Courts decisions and the Presidential Policy working for them, and any legitimate case against Xanodyne will have their day in court.