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Supreme Court Rules Injured Patients Can Go After Drugmakers
Injured patients are able to hold drugmakers responsible, according to a ruling by the U.S. Supreme Court. The 6-3 decision affirmed a jury award for a woman who lost her arm after receiving an injection to stop nausea.
The U.S. Supreme Court’s decision will allow Florida drug liability lawsuits to go forward even though the federal government regulates this area. According to this ruling, lower court judges will need to allow these types of lawsuits to go through.
Last year it was argued by the Bush administration and drug manufacturer Wyeth that federal law overrides certain state claims. Wyeth was being sued by Diana Levine and made arguments that the U.S. Federal Drug Administration (FDA) had approved warning labels for the drug that injured Levine and that this approval took precedence over the state law under which the lawsuit was initiated.
Levine had received an injection at a health clinic in April 2000 for treatment for a migraine. A medical provider injected the drug, Phenergan, directly into Levine’s vein, which allowed the drug to reach an artery, causing gangrene. The U.S. Supreme Court found in favor of Levine, who was awarded $6.7 million in damages.
Justice Paul Stevens wrote for the majority by saying, “In short, Wyeth has not persuaded us that failure-to-warn claims like Levine's obstruct the federal regulation of drug labeling. Congress has repeatedly declined to preempt state law, and the FDA's recently adopted position that state tort suits interfere with its statutory mandate is entitled to no weight.”
What does the Supreme Court ruling mean to patients harmed by prescription drugs? If you have been injured after taking a prescribed drug, you can go after the drug manufacturer for negligence, even if the FDA has approved the drug and its warning label. When injuries and serious side affects are caused by drugs, drugmakers can now be held liable.
Justice Samuel Alto, who was in the minority in the Supreme Court ruling, stated that the drug’s label highlighted the risks associated with injection and that the case could have been an ideal medical malpractice lawsuit due to the fact that the healthcare provider ignored the warning.
If you have experienced severe side effects from a medication, such as Phenergan, contact the experienced mass tort lawyers at the Law Offices of Lilly, O’Toole & Brown, LLP at (863) 683-1111 to review your case for free.
Lilly, O'Toole & Brown, LLP
Lakeland Office: (863) 683-1111
Bartow Office: (863) 533-5525
Sebring Office: (863) 471-0003
Lake Wales Office: (863) 676-1991
Haines City Office: (863) 422-1282
Wauchula Office: (863) 767-1111
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Also providing legal assistance to clients from:
Wauchula, Lake Placid, Avon Park, Plant City, Brandon, and Valrico, Florida.
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800 S. Florida Ave.
Lakeland, FL 33801
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Sebring, FL 33870
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Bartow, FL 33830
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Lake Wales, FL 33853
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Winter Haven, FL 33881
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