Lilly, O'Toole & Brown Blog

Patients Have the Right to Go After Drug Manufacturers

A recent ruling by the U.S. Supreme Court will make it easier for injured patients to file claims against drugmakers.  The Supreme Court ruling, which was a 6-3 decision, affirmed a jury award for a woman who lost her arm to gangrene after receiving a Phenergan injection.

The drug manufacturer involved in the lawsuit, Wyeth, had argued to the Supreme Court that the U.S. Food and Drug Administration (FDA) had approved the drug’s warning label and that this approval took precedence over the state law where the lawsuit was filed.  The Bush administration had also argued that federal law overrides certain state claims.  However, the majority of the Supreme Court did not agree.

According to one of the Supreme Court Justices, the drug manufacturer did not have a strong enough argument to convince them that failure-to-warn claims obstruct federal regulation of drug labeling.  Another Supreme Court Justice, who was in the minority, said that Phenergan’s label stated the risks associated with the injection and that the case should have been a medical malpractice lawsuit.

This ruling will allow patients to go after drugmakers for negligence, even if the FDA has approved the warning label.  Many medications have been linked to serious side affects and now the drug manufacturers can be held responsible for injuries.

If you have been harmed by a medication, contact the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111 for a legal consultation.

The article, “Supreme Court Rules Injured Patients Can Go After Drugmakers,” has more information on this topic.

Labels: drug labeling drugmaker negligence failure-to-warn injured patient