The U.S. Supreme Court ruled in favor of Diana Levine today against drugmaker Wyeth, holding that pharmaceutical companies can be held liable for harm from medicines which carry warnings approved by federal regulators.
Diana Levine was awarded a seven-million dollar verdict by a Vermont jury after her arm was amputated from an improper IV push of Phenergan. Vermont law required Wyeth to include more detailed warnings on their drug labels. The case went to the Supreme Court after Wyeth argued that by complying with Vermont law they would be violating Federal law. Pharmaceutical companies have been attempting to hide for years behind federal preemption, but today the Supreme Court has decided to protect consumers and hold drug companies accountable for unsafe products.
recently named in the 2009 edition of Best Lawyer's In America, David Mittleman has been representing seriously injured people since 1985. A partner with Church Wyble PC—a division of Grewal Law PLLC—Mr. Mittleman and his partners focus on medical malpractice, wrongful death, car accidents, slip and falls, nursing home injury, pharmacy/pharmacist negligence and disability claims.