In a landmark decision, the United States Supreme court rejected the arguments of drugmaker Wyeth and held that pharmaceutical companies can be held liable for failure to provide adequate warnings for their products even when their warnings have been approved by federal regulators. In this case, the plaintiff, Diana Levine, was being treated for a migraine and was given the anti-nausea drug Phenergan manufactured by Wyeth. She claimed she was improperly injected by an IV-push with this medication, and as a result had to have part of her arm amputated. A jury in Vermont awarded the Plaintiff $7 million.
Wyeth appealed the verdict arguing that by having their warning label approved by the U.S. Food and Drug Administration (FDA), the U.S. agency pre-empted state laws and therefore shielded pharmaceutical companies from any damages in state liability claims. Wyeth argued it would be impossible for drugmakers like themselves to comply with both federal and state labeling requirements. The Court disagreed in their 6-to-3 decision with Justice Steven's noting in the majority's opinion that Wyeth could comply with both state and federal labeling requirements by adding a stronger labeling requirement.
For more information please refer to the United States Supreme Court Opinion: Wyeth v. Levine.
Wyeth appealed the verdict arguing that by having their warning label approved by the U.S. Food and Drug Administration (FDA), the U.S. agency pre-empted state laws and therefore shielded pharmaceutical companies from any damages in state liability claims. Wyeth argued it would be impossible for drugmakers like themselves to comply with both federal and state labeling requirements. The Court disagreed in their 6-to-3 decision with Justice Steven's noting in the majority's opinion that Wyeth could comply with both state and federal labeling requirements by adding a stronger labeling requirement.
For more information please refer to the United States Supreme Court Opinion: Wyeth v. Levine.
If you or a loved one has been injured by the effects of your medication, please contact our drug defect attorneys at Miller & Falkner immediately for a free case evaluation.
