Philadelphia Personal Injury Lawyers Blog

On March 4, 2009 the US Supreme Court decided, in the case of Wyeth v. Levine, that a drug company is responsible for warning consumers about the dangers of their drugs even if their warning has been approved by the FDA. Mrs. Levine lost her arm after being given a drug, phenergan, made by Wyeth who failed to warn about the harms that can result when their drug is given to a patient by IV. In a 6-3 decision, the Justices of the Supreme Court recognized that state courts can and should regulate the conduct of drug companies and that state law would not be preempted. This doctrine of preemption has been pushed by drug companies for many years to avoid responsibility when they fail to warn of the dangers that could be caused by their drugs. The decision of the United States Supreme Court is a victory for consumers everywhere.