I wonder what the result would be if, say, a group of now-disenfranchized Cylert users filed a class-action against PC [Public Choice] and did their best to ride the pain-and-suffering aspect throught the roof. It ought to be a reasonably funny comedy, anyway.
Taken from the comments on Asymmetrical Information about FDAs decision to pull Cylert from the market.
Suing Public Choice for petitioning the FDA to follow its legal duty is a path to futility. However people have been suing government for failing to fulfill its duties for some time and winning. Take for instance the suit in New York claiming that the state isn’t fulfilling its duty to educate children.
Perhaps there is a due process claim, the state is imposing hardships on its citizens without due process of law. There certainly are a number of ways that litigants have twisted law in order to make tobacco companies pay billions because people voluntarily made really bad decisions, there must be a way to force the FDA to sit on its laurels.
Even suggesting such a tactic feels very dirty though, I want the FDA to revise its policy to prevent it from removing drugs from the market and stop the bottleneck that delays (or even prevents) new drugs from entering the market. Using liberal tactics of bending the law to suit your purposes is counterproductive for almost every other libertarian goal, the ends can never justify the means. We need a government that facilitates medical advances, not impedes it – clogging the courts with lawsuits isn’t going to help.