Spring Break
Supreme Court rejects limits on drug lawsuits
Associated Press
Issue date: 3/5/09 Section: News
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The decision is the second this term to reject business groups' arguments that federal regulation effectively pre-empts consumer complaints under state law.
Diana Levine of Vermont once played the guitar and piano professionally. Her right arm was amputated after she was injected with Phenergan, an anti-nausea medicine made by Wyeth Pharmaceuticals, using a method that brings rapid relief, but with grievous risks if improperly administered.
In a 6-3 decision, the court turned away Wyeth's claim that federal approval of Phenergan and its warning label should have shielded the company from lawsuits like Levine's.
"Next to getting my hand back, it's the best they could do and the least they could have done," the 63-year-old Levine said. She now plays with one hand and sings.
Levine's lawsuit said she wasn't sufficiently warned of the risks of using Phenergan. But Bert Rein, a Washington lawyer who represents Wyeth, said the company's label complied with federal law.
"Wyeth's labeling of Phenergan provided clear instructions and warnings about its use, including clear warnings about the very risk at issue in this case," Rein said.
He said the decision would affect how doctors treat patients. "The practical impact of this is going to be much greater caution" by doctors in deciding whether to use the most effective or least risky method of administering a drug, Rein said.
Wyeth is in the process of being bought by rival Pfizer, Inc., in a $68 billion deal that is expected to close later this year.
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