US: High Court Eases Way to Liability Lawsuits

[bridgit]

The Supreme Court said drug makers can be sued in state court over alleged defects, even if the Food and Drug Administration has approved a medication's use.

The 6-3 ruling undercuts years of business efforts to block state suits over the safety of products from motorcycle brakes to railway cars. "This is a very sweeping decision, with significant implications for areas other than the regulation of prescription drugs," said Jay Lefkowitz, a former policy adviser to President George W. Bush.

Companies have long sought to establish federal rules as a single standard trumping state law, and enjoyed a push under the Bush administration to shield industries from negligence suits.

The case was brought by Vermont musician Diana Levine, who went to a clinic complaining of migraines. She was injected with antinausea drug Phenergan, made by Wyeth. Though the drug label permitted intravenous injection, it said "extreme care" was needed to avoid hitting an artery, because "likely" complications included "gangrene requiring amputation."

That happened to Ms. Levine, whose right forearm was amputated...

...

Dissenting Justice Samuel Alito argued that being covered by federal regulation gave Wyeth immunity from state law. "This case illustrates that tragic facts make bad law," he wrote.

http://www.corpwatch.org/article.php?id=15311