Physician Group Can’t Sue FDA Over Drug OK
A 9th Circuit Court of Appeals three-judge panel has ruled that Physicians for Integrity in Medical Research has no standing to sue FDA over the agency’s decision not to revoke its approval of the chronic obstructive pulmonary disease drug roflumilast (AstraZeneca’s Daliresp). In its 2011 suit, the group said the drug does not work well and frequently causes side effects, Courthouse News Service reports. A lower federal court had dismissed the suit, ruling that the group lacked standing to sue, and the appeals court agreed.
The complaint included a statement from a doctor who said that failure to revoke the drug’s approval will cause him to lose patients and that he will not be compensated for the time it takes him to explain to patients his beliefs about the drug. Even assuming that the doctor suffered injuries, the appeals court said, they arose from decisions his patients made and not from any action FDA took.
Physicians for Integrity in Medical Research says it hopes to persuade the full group of 9th Circuit judges to hear the case.