Odds Rise for FDA Shield Against Drug Liability-WSJ Health Blog: "Johnson & Johnson maintains that it can’t be sued by thousands of women who claim they were injured by the company’s birth control patch because the FDA approved the product as safe and effective.
The seemingly tautologous legal argument is called pre-emption. “After decades of being dismissed by courts, the tactic now appears to be on the verge of success,” attorneys for plaintiffs and drug makers tell the New York Times."
