of musician and supreme court,,,wyeth vs levine

February 6, 2009 at 04:15 AM ·

http://www.forbes.com/2009/02/04/supreme-court-cases-business-washington_0205_scotus.html?partner=daily_newsletter

http://ahrp.blogspot.com/2008/11/supreme-court-appears-torn-over-drug.html

Replies (3)

February 6, 2009 at 04:46 AM ·

I must admit I'm a bit torn on this one. I recognize that drug companies and other parts of the health care industry need to have some basic protections to keep the operating risk in check, otherwise they may decide the environment is too risky.

However, I also know that phenegren is considered an early choice because it is so effective for nausea; the level of risk is often not considered. Although this is at the clinican level, it's use is heavily supported and promoted by the manufacturer, because every use is profit.

The fault of the provider should be primary, however the industry MUST reach a point of sanity where the manufacturers are responsible for how they position their products in the market. There are too many drugs that are prescribed off-label (for a purpose aside from what the FDA has approved the drug for), too many times the more expensive alternative is promoted over something that has too many generic alternatives.  Phenegren is used for migraines in such an off-label manner; this is NOT what it was intended for when approved by the FDA.

So, although I do not think the primary cause of the loss of the arm is the manufacturer, I do not think they are not to blame; I think they are heavily to blame, but I do not know if I can support a direct link.

February 6, 2009 at 05:05 AM ·

This is a commentary on our system of Western medicine. But besides getting into that, it is extremely tragic and unthinkable that this could happen to anyone, especially a professional musician. However, in my utterly superficial review of 3 paragraphs of an article, I'm inclined to say the FDA is the one at fault here, because, afterall, they are responsible for whether drugs may be marketed or not and how they should be regulated. Ruth Bader Ginsburg made quite a cogent point that the risk (any risk) of gangrene definitely does not outweigh the symptom of nausea, and I believe such an approval rests with the FDA

February 6, 2009 at 05:07 AM ·

Christopher,

I think there is plenty of blame to go around on this one, but the FDA has not actually approved it for this use; the laws allow it to be prescribed for uses aside from what the FDA has approved.

I have seem someone in serious distress, unable to stop retching, even to thoe point of disrupting other physiological functions.  Phenegrin was the only think that provided relief. I do thik it has a place on the market, however how it was administered and what the intent was when it was applied I cannot support. I could not support taking this drug off the market, but how it is used should be much more controlled.

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