The Supreme Court upheld a $6.7 million damage award to Diana Levine, a Vermont musician who had her arm amputated after suffering gangrene from an injection of an anti-nausea drug. The Supreme Court verdict will have a major impact on future pharmaceutical liability lawsuits.
The decision to reject limits on defective drug lawsuits based on previous FDA approval is an important step in defending the rights of many injured victims of dangerous drugs. The Supreme Court had previously ruled in favor of limiting lawsuits for FDA approved defective medical devices, a decision closely aligned with the Bush administration’s agenda of limiting such lawsuits based on the doctrine of pre-emption — a policy that supported the legitimacy of a medical device, no matter how dangerous or defective it proved to be, so long as it received FDA approval.
Fortunately, the Supreme Court ruled more responsibly on this case. As a result, others who have suffered serious injuries from taking dangerous or defective drugs will be able to hold pharmaceutical companies responsible for their actions and receive the compensation they deserve.
In the current case before the Supreme Court, Diana Levine had sued Wyeth Pharmaceuticals after she had contracted gangrene from injecting their anti-nausea drug, Phenergan, into her arm. Levine’s attorney argued that Wyeth did not sufficiently warn consumers of the risks associated with using injection as a delivery method for Phenergan. Wyeth’s attorneys claimed that FDA approval of Phenergan and its warning label should have prevented this lawsuit from going forward. The Supreme Court upheld the Vermont jury’s award in a 6-3 ruling.
It is important to consult an experienced pharmaceutical liability attorney if you have suffered an illness or injury as a result of taking a prescription drug. Often, you may be entitled to receive compensation for the injuries you have suffered.
If you have a dangerous drug claim in the Chicago, Illinois area, please contact the Law Offices of Barry G. Doyle, P.C. today to schedule a consultation.
