Supreme Court Rejects Preemption Argument for Drug Lawsuits

The U.S. Supreme Court recently ruled against WyethPharmaceuticals in a case which will seriously impact the future of pharmaceuticalinjury litigation in our country. The ruling bolsters the rights ofconsumers to receive the compensation they deserve when they have suffered aserious illness or dangerous condition as the result of using a pharmaceuticalproduct.

Wyeth v. Levine

In Wyeth v. Levine,the Supreme Court upheld a $6.7 million award by a jury in a Vermont statecourt to Diana Levine, a musician who lost her arm as a result of takingPhenergan, an anti-nausea medication manufactured by Wyeth.

Doctors administered Phenergan to Levine via injection, amethod that brings quick results but carries serious risks. The injectionaccidentally hit an artery, causing Levine to develop gangrene. Doctors wereforced to amputate her arm as a result.

Levine claimed that Wyeth failed to provide a strong enoughwarning about the risks associated with this particular delivery method ofPhenergan. Had she received an appropriate warning, she would have opted for analternative delivery method in order to avoid jeopardizing her career as amusician.

Wyeth’s attorneys claimed that the company complied with allfederal laws when creating the instructions and warnings for Phenergan. Theyalso argued that since the drug had received FDA approval, Wyeth should not beheld liable for damages because federal approval preempts an injured victimfrom being able to sue for damages in a state court.

The Supreme Court rejected this reasoning and ruled thatpharmaceutical companies will not be able to receive protection from lawsuitson the basis of preemption arguments. Their decision has provided hope to manyconsumers who have suffered pharmaceutical injuries and are in need ofcompensation to help shoulder the financial burden of increased medical expensesand lost wages.

Defending the Rights of Injured Consumers

Unfortunately, the FDA approval process for pharmaceuticalproducts is not perfect. While they rigorously test drugs before approvingtheir release on the market, it is impossible to adequately identify allpotential side effects, especially long term side effects, in the testing phaseof experimental drug treatments. While the pharmaceutical companies should beresponsible for exhaustively evaluating the safety of their new products beforepresenting them to the FDA for approval, a desire to boost profits often takespriority over guaranteeing the safety of their consumers. Therefore, it isimportant that our legal system maintains avenues for injured consumers to holdpharmaceutical companies accountable for their negligent actions.

Due to the complex nature of the laws governing theselawsuits, it is important to be represented by an experienced pharmaceutical liabilityattorney if you have suffered an injury from taking a defective drug.