Wyeth v. Levine: Where Do We Go From Here?
By now, most mass tort lawyers know that last week, the U.S. Supreme Court dashed the pharmaceutical industry’s hope for a broad preemption defense in failure to warn products liability cases. In a 6-3 opinion authored by Justice Stevens, the Court found that Wyeth’s FDA approved label for its anti-nausea drug, Phenergan, did not provide the company with a complete defense to a plaintiff’s failure to warn claim. This Client Alert reviews the highlights of the opinion and explores the effect this ruling may have on how pharmaceutical companies defend products liability cases and label their products.
1 Wyeth v. Levine, No. 06-1249, 555 U.S. ___, 2009 U.S. LEXIS 1774 (Mar. 4, 2009).
© Sills Cummis & Gross P.C.