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"Often those lawsuits add an unwanted deterrent against the sale of desperately needed drugs."
Hit & Run — ... attacking FDA warnings just backstop a porous and lax FDA. Often those lawsuits add an unwanted deterrent against the sale of desperately needed drugs. That risk is multiplied by hyperventilated state tort law that, in many instances, is lopsidedly pro-plaintiff. [...] The specter of heavy litigation expense and crushing liabilities by runaway juries could easily block the pharmaceutical industry from initiating life-saving changes. Whole thing here. Ronald Bailey on "the FDA versus dying cancer patients" here, Todd Seavey on ...

Richard Epstein on Wyeth v. Levine
Overlawyered — ... discusses the pending Supreme Court case on implied pre-emption: …it is folly to act as if the private lawsuits attacking FDA warnings just backstop a porous and lax FDA. Often those lawsuits add an unwanted deterrent against the sale of desperately needed drugs. That risk is multiplied by hyperventilated state tort law that, in many instances, is lopsidedly pro-plaintiff. (”Wyeth v. Levine Could Endanger Your Health”, Forbes, Nov. 11). Much more on the debate at Point of Law here, here, here, etc. ...