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Past Issue:
Volume 21, Number 1 • January 2008
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Preemption, tort reform, and pharmaceutical claims
Part two: Has the Food and Drug Administration shown it is solely responsible for the protection of patients? Can it do so? Will it do so?

Russell G. Thornton, JD

Headings in this article:
• Background issue
• New developments
• FDA enforcement powers
• Areas of concern related to the FDA's protection of the public
• Data on FDA enforcement
• Examples of problems
• Does civil litigation have a constructive role in drug safety?
• Does the FDAAA address these concerns?
• What about preemption?