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"Pre-emption" is a legal doctrine that says the federal government can claim all regulatory power over an area or subject, barring states from acting on their own. The drug maker Wyeth has brought a case before the Supreme Court arguing that a woman in Vermont, who lost her arm due to a drug complication

On November 3, the US Supreme Court will review a case involving preemption, the legal notion that FDA approval supercedes state law claims challenging drug safety, efficacy, or labeling. Pharma and the FDA argue agency actions are the final word on safety and effectiveness.

As the November 3 hearing before the US Supreme Court nears, Wyeth has now filed a brief replying to the filing by Diana Levine, a Vermont musician who was given a Wyeth nausea med called Phenergan during a visit a hospital emergency room (you can read the brief here).

As the November review nears, Diana Levine and her attorneys have now filed their brief with US Supreme Court, laying out their argument as to why preemption should be, well, preempted. Why does this matter?

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