Why doctors should worry about preemption.
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A leading drug company may be poised to win a landmark legal victory next fall. Dr. Gregory Curfman, Stephen Morrissey, and Dr. Jeffrey Drazen write that if Wyeth prevails in a case soon to be argued before the U.S. Supreme Court (Wyeth v. Levine), drug companies could effectively be immunized against state-level tort litigation if their FDA-approved products are later found to be defective.