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Supreme Court rejects Wyeth claim

On March 4, 2009, the U. S. Supreme Court issued its ruling in the case of Wyeth v. Levine.  Diane  Levine, a bass player and composer of children in Vermont, went to a clinic for treatment of headache-induced nausea.  The staff at the clinic administered the antihistamine Phenergen, manufactured by Wyeth Pharmaceutical Company, by using an "IV push."  The drug was inadvertently injected into one of Ms. Levine's arteries.  She developed tissue deterioration and gangrene, and her arm was ultimately amputated.

 Mrs. Levine went to state court and sued Wyeth (it knew that the IV push created a risk of inadvertent arterial injection and gangrene), claiming that its warning was inadequate because it did not prohibit IV push delivery.  Wyeth defended on the basis that the warning was mandated by the FDA and that the case was preempted by federal law. 

 The jury awarded Ms. Levine $6.7 million, and Wyeth appealed. 

 In a 6 - 3 decision, the U.S. Supreme Court brushed aside Wyeth's plea that it limit lawsuits against drug makers. 

 This is a huge victory for citizens who are injured by huge pharmaceutical companies who know of the dangerous drugs they are putting on the market and then try to hide behind FDA requirements. 

 You can read the entire opinion here.