On March 2009, the U. S. Supreme Court issued its ruling in the case of a man. A bass player and composer of children went to a clinic for treatment of headache-induced nausea. The staff at the clinic administered the antihistamine Phenergan, manufactured by Pharmaceutical Company, by using an “IV push.” The drug was inadvertently injected into one of her arteries. She developed tissue deterioration and gangrene, and her arm was ultimately amputated.
She went to state court and sued him (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. He defended on the basis that the warning was mandated by the FDA and that the case was preempted by federal law.
The jury awarded her $6.7 million and he appealed.
In a 6 – 3 decision, the U.S. Supreme Court brushed aside his 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.