A musician whose arm was amputated after gangrene resulted from an improper injection with an anti-nausea drug filed a lawsuit against Wyeth Pharmaceuticals.
Wyeth argued it shouldn’t be held liable since the label had been approved by the U.S. Food and Drug Administration.
The U.S. Supreme Court ruled six to three that federal law doesn’t prevent plaintiffs from suing drug companies in state court. The ruling upheld a Vermont jury’s $6.7 million award to Diana Levine, who played the guitar until the amputation.
Levine received an injection of Wyeth’s Phenergan when she went to a local health clinic in 2000. The physician’s assistant injected the drug into an artery instead of a vein, causing the gangrene.
As a result of the decision, consumers now have greater standing to sue drug companies when drugs kill or cause severe injuries, according to the article “Supreme Court Upholds Consumers’ Right to Sue Drug Companies in State Court” on Consumer Affairs.com.
See the articles for details.
