Economists’ amicus brief in Wyeth v. Levine

by Ted Frank on June 3, 2008

I’m proud to be part of the amicus brief in Wyeth v. Levine filed by leading economists John E. Calfee, Ernst R. Berndt, Robert Hahn, Tomas Philipson, Paul H. Rubin, and W. Kip Viscusi.    It provides an excellent explanation why FDA preemption is good for consumer safety and health policy, and why failure-to-warn litigation by trial lawyers hurts consumer safety.  (You may notice that none of the public-policy arguments against preemption you see in the blogosphere fairly address these economic arguments.)

For everything you could possibly want to know about the Wyeth v. Levine case, do see Beck & Herrmann’s roundup of their excellent posts on the subject, and keep an eye out for their discussion of the top-side briefs undoubtedly coming soon.


1 Todd Rogers 06.03.08 at 6:57 pm

My favorite: The lawsuit claims Ryahn’s civil rights were violated and that the airline inflicted severe emotional distress on his mother. “…severe emotional distress…” I’m tellin’ ya what, cry wolf enough times and people (juries)will stop listening.

2 Ted Frank 06.06.08 at 8:54 am

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