Wednesday, March 4, 2009

Supreme Court rejects limits on drug lawsuits


Justices rule 6-3 to uphold jury verdict of $6.7 million for woman who lost arm after injection. By Adam Liptak WASHINGTON — In a setback for business groups that had hoped to build a barrier against injury lawsuits seeking billions of dollars

The U.S. Supreme Court on Wednesday upheld a $6.7 million jury award won by a Vermont musician against WyethSupreme Court Upholds $6.7 Million Damage Won By Vermont Amputee Against Wyeth.
Majority of the justices ruled that Wyeth failed to prove that Diana Levine's state liability lawsuit against Wyeth obstruct federal regulation on drug labeling.

The firm had argued that the U.S. Food and Drug Administration (FDA) approved the label for Phenergan, an anti-nausea drug given intravenously on Levine in 2000 to relieve her severe migraine but led to the amputation of her right arm. Levine accused Wyeth of failing to put on the Phenergan label a warning that administering the drug through IV-push method may cause gangrene. Wyeth said it cannot change the label without consent from the FDA.

Levine, who could not longer play the guitar and piano, said she will use the award to make her car and home more adaptable, according to WCAX.com.

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