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Justices Reject Limits on Drug Lawsuits

Ruling makes pharma responsible for labels

By Nick McMaster,  Newser Staff

Posted Mar 4, 2009 1:59 PM CST

(Newser) – In a strong blow to drugmakers, the Supreme Court ruled today in favor of a Vermont woman who lost her arm after taking an anti-nausea drug made by Wyeth, the Wall Street Journal reports. The court upheld the ruling of a Vermont court that awarded guitarist Diana Levine $6.7 million in damages, after a push-IV injection of Phenergan gave her gangrene.

Wyeth had claimed that the FDA approval of Phenergan's warning label protected Wyeth from legal action, but the Supreme Court ruling—which included an unusual liberal vote from Justice Clarence Thomas—stated that the FDA’s purpose was not to invalidate state laws on pharmaceuticals. "Congress has repeatedly declined to preempt state law," said Justice Stevens in the majority opinion.

Diana Levine walks with her attorney David Frederick as they leave Supreme Court in Washington, Monday, Nov. 3, 2008.
Diana Levine walks with her attorney David Frederick as they leave Supreme Court in Washington, Monday, Nov. 3, 2008.   (AP Photo/Gerald Herbert)
Diana Levine plays the guitar with her prosthetic arm in Marshfield, Vt., Tuesday, Oct. 7, 2008.
Diana Levine plays the guitar with her prosthetic arm in Marshfield, Vt., Tuesday, Oct. 7, 2008.   (AP Photo/Toby Talbot)
Diana Levine tries to put a bracelet on her prosthetic arm in Marshfield, Vt., Tuesday, Oct. 7, 2008.
Diana Levine tries to put a bracelet on her prosthetic arm in Marshfield, Vt., Tuesday, Oct. 7, 2008.   (AP Photo/Toby Talbot)
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COMMENTS
Showing 3 of 3 comments
Chudluv
Mar 6, 2009 3:17 AM CST
Na, Congress will just protect the Drug Companies....
Guest
Mar 4, 2009 5:27 AM CST
And Obama will lower it.
Guest
Mar 4, 2009 2:34 AM CST
Wyeth will just raise the price...

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