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Forsham v. Califano

442 F. Supp. 203 (1977)

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Forsham v. Califano

United States District Court for the District of Columbia
442 F. Supp. 203 (1977)

AR

Facts

The Secretary of Health, Education, and Welfare suspended the new-drug application for phenformin, a diabetic drug, on the grounds that the drug was an imminent hazard. Specifically, the secretary found that other countries had banned the drug, several diabetes clinics had stopped using the drug, the Food and Drug Administration had recommended withdrawal of the drug’s approval, and studies showed that use of the drug could result in several deaths per month. Forsham (plaintiff) and other doctors who used the drug sued, asking the court to enjoin the secretary from issuing the suspension.

Rule of Law

Issue

Holding and Reasoning (Corcoran, J.)

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Casebooks

Food and Drug Law
Healthcare Law

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