No Limit on Lawsuits against Drug Makers upheld by Supreme Court
March 4, 2009 by Jay Genkins
Filed under Defective Drugs, Defective Products, Legal Resources, Top Stories
In a win for consumers, the United States Supreme Court has upheld a law that would have limited the amount of money in lawsuits against drug makers.
The Supreme Court has upheld a $6.7 million jury award to a musician who lost her arm because of a botched injection of an anti-nausea medication. The court brushed away a plea that it limit lawsuits against drug makers.
In a 6-3 decision Wednesday, the court rejected Wyeth Pharmaceuticals’ claim that federal approval of its Phenergan anti-nausea drug should have shielded the company from lawsuits like the one filed by Diana Levine of Vermont.
The decision is the second this term that rejected business groups’ arguments that federal regulation effectively pre-empts consumer complaints under state law.

