Not too terribly long ago, Wyeth asked the U.S. Supreme Court to hold that plaintiffs in civil litigation shouldn’t be able to sue a pharmaceutical company for failure to warn if the FDA approved the warning label. Wyeth’s brief in that case was chock full of praise for the FDA, claiming that the FDA’s decisions shouldn’t be undermined by the courts, and that the trained professionals at the FDA are in the best position to make determinations.
Now, the FDA has approved a generic version of one of Wyeth’s drugs, and Wyeth is suing to keep the drug off the market:
Drugmaker Wyeth on Wednesday sued regulators at the U.S. Food and Drug Administration in an attempt to block the sale of a recently approved generic version of its intravenous antibiotic Zosyn. In the complaint filed in federal district court in Washington, D.C., by Wyeth's lawyers at Sidley Austin, the company alleges that the generic is not an equivalent product and could harm critically ill patients. The complaint also names as defendants the U.S. Department of Health and Human Services, Secretary of HHS Kathleen Sebelius, and FDA Commissioner Margaret Hamburg.
Source: Law.com - Wyeth Sues FDA Over Generic Drug
So, if you’re trying to sue Wyeth, the company believes the FDA’s decisions in favor of Wyeth are always right. But if you’re trying to compete with Wyeth, the company believes the agency is run by a bunch of boobs.
Follow the link above and read Wyeth’s lawsuit and see if it strikes you as a company that just a year or so ago was singing the FDA’s praises.
This is even worse because pharmaceutical companies always claim that lawsuits are keeping drugs off the market – but Wyeth just filed a lawsuit to keep a drug off the market!
Yet another example of “do as I say, not as I sue.” And yet another example of a corporate hypocrite who crusades against civil lawsuits but won’t hesitate to file one when it suits their needs.
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