Supreme Court Rejects Limits On Drug Lawsuit
The following article gives us insight re: Phenergan administration.
Don't let it scare you. Knowledge is power.
Diana Levine
WASHINGTON – The Supreme Court forcefully rejected calls Wednesday for limiting consumer lawsuits against drug makers, upholding a $6.7 million jury award to a musician who lost her arm to gangrene following an injection.
The decision is the second this term to reject business groups' arguments that federal regulation effectively pre-empts consumer complaints under state law.
Diana Levine of Vermont once played the guitar and piano professionally. Her right arm was amputated after she was injected with Phenergan, an anti-nausea medicine made by Wyeth Pharmaceuticals, using a method that brings rapid relief, but with grievous risks if improperly administered.
In a 6-3 decision, the court turned away Wyeth's claim that federal approval of Phenergan and its warning label should have shielded the company from lawsuits like Levine's.
"Next to getting my hand back, it's the best they could do and the least they could have done," the 63-year-old Levine said. She now plays with one hand and sings.
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