Split High Court Allows Plaintiffs To Proceed Against Drug Maker

WASHINGTON, D.C. - The U.S. Supreme Court has deadlocked on whether federal law preempts a Michigan statute that protects drug makers from tort liability where there is a lack of 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.).

The high court's 4-4 decision, issued without an opinion, allows Michigan plaintiffs to proceed with their injury claims against Pfizer Inc., the manufacturer of the diabetes drug, Rezulin, and its parent company, Warner-Lambert Co.

Michigan state law immunizes drug companies from products liability claims involving FDA-approved …