GLG News by Pharmaceutical and Biotechnology Experts: Lawyers (US)

The financial responsibity will lie with Baxter, not the FDA.  Perhaps moral or political responsibility (and fall out) will rest with the FDA, but that is of no help to those harmed by the Heparin.  Their only recourse is to sue the manufacturer.

Under the current administration, the FDA has tried to use drug approval as a shield.  In some cases, the current court has held warning approval to bar lawsuits.  However, this can be remedied by Congress explicitly clarifying that the FDA approval of a drug does not preempt state law....