Supreme Court To Hear Case On Product Liability For Pharmaceutical Companies

Main Category: Pharma Industry / Biotech Industry
Also Included In: Medical Malpractice / Litigation
Article Date: 06 Oct 2008 - 7:00 PDT

email to a friend   printer friendly   view / write opinions   rate article

The Supreme Court during the 2008-2009 term, which begins on Monday, will hear cases "testing the boundary between federal and state authority," such as a case that could determine whether "injured people can bring claims against allegedly defective drugs and other products to state courts," USA Today reports. The court likely will hear the case, Wyeth v. Levine, on Nov. 3 (Biskupic, USA Today, 10/3).

The case involves Diana Levine, who lost her hand and forearm to gangrene after she received an injection of the nausea medication Phenergan into an artery during a push IV injection, which is more potent and takes less time to act than a traditional injection. The Phenergan label, which FDA approved, includes a push IV injection as an option for administration but warns about risks associated with the practice, such as gangrene. Levine filed a lawsuit against Wyeth in state court in Vermont over alleged problems with the Phenergan label, and a jury ruled in her favor. The Vermont Supreme Court upheld the decision.

In an appeal to the Supreme Court, Wyeth argued that FDA approval of medication labels precludes lawsuits in state courts filed over alleged problems with the labels (Kaiser Daily Health Policy Report, 9/8).

Reprinted with kind permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation.

© 2008 Advisory Board Company and Kaiser Family Foundation.  All rights reserved.