The US Supreme Court says that federal drug laws and regulations do not preempt a personal injury lawsuit filed against drug maker Wyeth. In a 6-3 ruling, the majority judges said the drug manufacturer could be held liable for violating a state law mandating that users be given sufficient warning about the dangers that could arise from taking a certain medication. Wyeth had argued that because the Food and Drug Administration had approved the anti-nausea drug Phenergan and its accompanying label, the company should be exempt from dangerous drug lawsuits like the one filed by the plaintiff.
Diana Levine sued Wyeth for products liability, accusing the drug company of a failure to include an adequate warning about the potentially dangerous effects that can occur from using Phenergan. The professional musician had to have one of her arms amputated after she was improperly injected with the antinausea drug and developed gangrene.
Levine sued the clinic where she received the injection, as well as the technician who administered the drug to her via IV-push. Her medical malpractice lawsuit with these defendants was settled for around $700,000.
With her case against Wyeth, a jury awarded Levine $6.7 million. Her verdict was upheld by the Vermont Supreme Court, but Wyeth appealed the products liability ruling. However, the majority of the Supreme Court justices concurred with the verdict. Justice Stevens wrote that Wyeth should be able to comply with both state and federal law obligations.
According to investigations, Wyeth knows about 20 other people who had limbs amputated because they were improperly injected with Phenergan.
Dangerous Drug Lawsuits
You may be entitled to personal injury compensation if you got sick or sustained a serious injury or if someone you love died from taking a dangerous drug, a drug that failed to come with the proper warning, or one that was packaged incorrectly (resulting in you receiving the incorrect dosage or the wrong medication).
High Court sides with musician in ruling against drug company, The Christian Science Monitor, March 5, 2009
Supreme Court ruling supports drug lawsuits, USA Today, March 5, 2009
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At Howard, Nassiri, our Orange County, California drug litigation attorneys know how to pursue your recovery for your dangerous drug injury. Contact our Anaheim-based personal injury law firm to request your free consultation. Our Southern California products liability lawyers would like to talk to you.
