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This injury blog is meant to provide individuals who have been injured in an accident or who have sustained any type of personal injury with a source for information. E. Michael Grossman is a Dallas personal injury attorney and he wants to help you! If you have suggestions, questions, or are in need of experienced legal council please contact us using the form below.

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January 2009 February 2009 March 2009 May 2009 June 2009 September 2009 October 2009 November 2009 December 2009 January 2010 February 2010

Supreme court sends message regarding drug lawsuits

In April of 2000, record store owner, Diana Levine went to a local clinic for treatment of a migraine. A nurse on staff injected a drug called Phenergan, Manufactured by pharmaceutical giant Wyeth, directly into Levines vein resulting in gangrene. The FDA warning label affixed to the drug's container made no mention of this side effect as a result of misuse. Levine's attorney filed a lawsuit against Wyeth, alleging that the company was responsible for meeting The State of Vermont's own drug warning label laws. A jury in Vermont awarded $6.7 million to Levine, and Wyeth's attorneys appealed the decision taking it to the Supreme Court. In a 6-3 decision, the Supreme Court upheld the verdict sending a strong message regarding the power of state liability laws. Prior to this significant outcome, many held to the belief that state liability laws were overridden by the FDA's standards. If a drug's warning label met the federal requirements, an opposing or differing law at the state level was thought to be less relevant. The outcome will likely prompt many pending drug injury cases to move forward where a potential roadblock once kept such cases at a stand still. 

 

Posted by: Dallas Drug Injury Attorney Michael Grossman | Posted on: 3/6/2009 | Comments (0)

The stories and situations mentioned on this blog are for informational purposes only. Grossman Law Offices does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

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