Supreme Court to Review $6.8M Vt. Verdict Against Drug Maker

January 23, 2008

A drug manufacturer won Supreme Court review last week of a $6.8 million verdict in the case of a woman whose arm had to be amputated after she was injected with one of its medications.

A jury in Vermont awarded the money to Diana Levine, who sued Wyeth after she was injected with its Phenergan nausea medication. The drug was inadvertently injected into an artery, which was seriously damaged. Doctors later amputated her arm.

Wyeth contends it should not have been subjected to the lawsuit because the company had the approval of the U.S. Food and Drug Administration for the warning label that accompanied the drug.

In upholding that verdict, the Vermont Supreme Court said state regulators could require sterner warnings than their federal counterparts about a drug’s potential side effects. Federal labeling requirements “create a floor, not a ceiling” for state regulation, the state court said.

Madison, N.J.-based Wyeth has said the company recommended a label change to the FDA, but the agency told it to keep the existing language.

The court separately is considering two other cases in which companies say federal laws pre-empt lawsuits.

The case is Wyeth v. Levine, 06-1249.

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Latest Comments

  • January 24, 2008 at 11:17 am
    Stat Guy says:
    I must admit I liked that sarcasm and the addition of the family members. For the life of me, I am surprised that the only common sense I ever find is here. Too bad that com... read more
  • January 23, 2008 at 3:37 am
    Nice Disclaimer! says:
    lastbat, I think you might have missed the parents of all these people. After all, they were the ones that gave birth to them. Wattaya think?
  • January 23, 2008 at 3:30 am
    lastbat says:
    I say sue!!! Sue the doctor, the nurse, the schools that trained them, the hospital, the county that licenses them, the drug manufacturer, the FDA, the makers of the delivery ... read more

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