Supreme Court rejects limits on drug lawsuits

[Are_grits_groceries]

Source: Washington Post

WASHINGTON -- The Supreme Court on Wednesday upheld a $6.7 million jury award to a musician who lost her arm because of a botched injection of an anti-nausea medication. The court brushed away a plea that it limit lawsuits against drug makers.

In a 6-3 decision, the court rejected Wyeth Pharmaceuticals' claim that federal approval of its Phenergan anti-nausea drug should have shielded the company from lawsuits like the one filed by Diana Levine of Vermont.

The decision is the second this term to reject business groups' arguments that federal regulation effectively pre-empts consumer complaints under state law.

A Vermont jury agreed with Levine's claim that Wyeth failed to provide a strong and clear warning about the risks of quickly injecting the drug into a vein. Gangrene is likely if the injection accidentally hits an artery _ precisely what happened to Levine.



Read more: http://www.washingtonpost.com/wp-dyn/content/article/2009/03/04/AR2009030401407.html?hpid=topnews

[yellerpup]

1. Dialing back on corporate power

Great news! K&R! :kick:

[blueclown]

2. Stevens wrote the majority opinion.

Thomas and Breyer wrote seperate concurring opinions. Alito wrote the dissenting opinion, joined by Roberts and Scalia.

I am surprised that Justice Thomas wrote an opinion in favor of the victim. I'll have to read his opinion later.

[maseman]

3. Wow...thanks for the vote record

I was looking online for it. I really thought this would be a 5-4 vote with Thomas dissenting. I KNEW who those other three Nazis were dissenting without even looking it up.

Talk about legislating from the bench. Sheesh.

[babylonsister]

4. Rec'd. Nice to see big pharm not always winning. nt

[havocmom]

6. Stunned! Stunned I tells ya

I need a fainting smilie

<--- mine died

[byeya]

5. In spite of this decision, we still need to expand the court to 11

and have a special counsel begin investigating what are, to many, the conflicts of interest of Scalia and Thomas in the immediate aftermath of the 2000 election.