Why MDSA Has to Die

Very interesting perspective on the Medical Device Safety Act (MDSA) from Richard Epstein in Forbes.com this morning. Epstein explains that the unintended consequences of Congress passing such an act, using the Levine v. Wyeth pharmaceutical case as an example.

August 11, 2009

1 Min Read
Why MDSA Has to Die

In short, the drug in question in the Levine case, Phenergan is no longer on the market.Epstein's speculation is that Wyeth removed the drug (and there are no generic options) because it is unsure how to provide a warning in a way that will protect them from suits after the fact. His conclusion is that if MDSA passes, many medical devices, regardless of thier true medical value, will simply dissappear because device companies won't be able to fight the slurry of lawsuits that are sure to follow every mishap.

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