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Wyeth v. Levine

Close Date: 03/04/2009
Topic(s): Preemption of Consumer Remedies
Status: closed
Citation: 2006 VT 107 (2006)
Date Of Involvement: 10/30/2006
Docket: 06-1249

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Description:

Public Citizen was co-counsel for respondent Diana Levine, a professional musician, who went to the hospital for treatment of a headache and, after being injected with a drug manufactured by Wyeth, left with injuries that led to the amputation of her right arm. Ms. Levine prevailed in a jury trial, and the verdict was sustained byt e Vermont Supreme Court. Wyeth petitioned to the Supreme Court, which took the case to consider whether approval by the Food and Drug Administration of a drugs label preempts state-law product-liability claims for failure to provide adequate warnings or instructions for use. Upholding the jury's verdict, the Supreme Court held in a 6-3 decision that Ms. Levine's claims were not preempted.