The United States Supreme Court is currently hearing arguments in the products liability case, Wyeth v. Levine. The case involves a musician who had to have her arm amputated after getting an injection for an anti-nausea drug. Ms. Wyeth’s main claim is that the drug manufacturer was negligent and
failed to war about the increased dangers of administering the drug
intravenously using a syringe. The Court is considering whether federal law preempts state tort claims
that impose liability on drug labeling that the FDA has previously
Alicia Mundy and Shirly S. Wang put the case in context:
For nearly a century, Americans have been able to sue drug companies
for deaths or injuries caused by medicines. Now the pharmaceutical
industry and other big businesses are hoping the Supreme Court will
sharply curb that right.
Not only would drug manufacturers and big businesses like to put caps on recoveries through “tort reform,” but a ruling in favor of the drug company would severely limit American’s right to sue.