The United States Supreme Court is expected to rule on Wyeth’s challenge to a Vermont Supreme Court ruling that awarded $6.8 million to a Vermont woman who lost a hand and forearm after being injected with an anti-nausea medication sold by Wyeth.
The appeal is in the latest in a series of cases the court has agreed to hear on suits brought under state laws concerning FDA-regulated products, such as drugs and medical devices.Two other cases–one involving Medtronic and the other involving Pfizer–are also pending in the Supreme Court’s current term.
In its appeal, Wyeth contends that instructions for Phenergan, an anti-nausea drug, met FDA requirements superseding any state product liability claims.
According to a report this morning in The Wall Street Journal, the Chamber of Commerce hascalled the battle “the business case of thecentury.” The Bush administration has long promoted the idea thatfederal law pre-empts state lawsuits. It has included the notion ofpre-emption in regulations for dozens of products, ranging from suntanlotion to seat belts, and has weighed in on Wyeth’s side before theSupreme Court.
The American Bar Association has posted all briefs filed in support of both the respondent, Diana Levine, and Wyeth.