What is the extent of the FDA’s liability for allowinga “dangerous” product, like Merck’s Vioxx into the market to begin with? Isnt’ the FDA, an arm of our omniscient and benevolent papa government? Aren’t they charged with making sure that the “evil” drug companies don’t flood the market with quacksalves and harmful substances? No. Even after years of studies, years of jumping through federal hoops and cutting bureaucratic red-tape, it’s ultimately Merck’s responsibility to guarantee their product. Or so say the courts.

“Merck faces some 14,000 lawsuits over the drug, involving about 27,000 plaintiffs, in various federal and state courts. The results have been mixed in the cases heard so far; out of nine jury verdicts including today’s, the company has won five, including two in recent months.”

Why aren’t 14,000 suits being filed against the FDA for negligence? After all, it’s basically their position that, left to their own devises, pharmaceutical companies will inevitably tend towards harming the consumers. Presuming thusly, should the FDA be accused of having “acted in wanton, malicious, willful or reckless disregard” to the rights of potential Vioxx users?

Government fails, again.