U.S. Supreme Court to Hear Argument in Drug Preemption Case

WASHINGTON, D.C. - The U.S. Supreme Court has agreed to hear argument in a dispute over whether federal law preempts a Michigan statute that protects drug makers from tort liability where plaintiffs fail to provide evidence that the manufacturers committed fraud on the FDA. Warner-Lambert Co. and Pfizer Inc. v. Kent, et al., No. 06-1498 (U.S. Sup. Ct.).

On Sept. 25, the high court granted a petition for writ of certiorari filed by Pfizer Inc., the parent company of Warner-Lambert, which was sued by several Michigan plaintiffs for allegedly causing their Rezulin-related injuries.

Michigan state law immunizes drug companies from …