The U.S. Supreme Court and Pre-Emption

Last Monday was a big day in the world of drug litigation law.   The United States Supreme Court heard oral arguments in the Wyeth v. Levine case.

The case is about a lot of stuff but it started out as a medical malpractice/improper administering of a drug case:

The case came from Vermont, where a guitarist, Diana Levine, won a $6.8 million judgment against Wyeth after misadministration of its drug Phenergan caused gangrene and required the amputation of her hand and forearm. The antinausea drug is normally injected into muscle, but the label also provides directions for intravenous use.

The case is before the United State Supreme Court because there is a difference of opinion between state law and federal law:

In February, an 8-1 court found that federal law, which explicitly pre-empted state regulation of medical devices, implicitly blocked private negligence lawsuits as well. In 2006, by contrast, the Vermont Supreme Court found no conflict between federal law and the judgment against Wyeth.

Keep track of this case.  It’s pretty big news in the world of personal injury attorneys.

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Janesville, Athelstane, Sheboygan and Wauwatosa.