Supreme Court Rules In Favor Of Levine In Federal Preemption Case

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.