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Wyeth V. Levine: An Attorneys Perspective
PharmExec, 03/12/09

On March the United States Supreme Court handed down its much-anticipated decision in Wyeth v. Levine, holding that plaintiff Diana Levine's state-law based failure-to-warn claims were not preempted by an FDA warning label. In response to the question of whether FDA judgments in the field of drug labeling “preempt state law product liability claims premised on the theory that different labeling judgments were necessary to make drugs reasonably safe for use,” the Court concluded that FDA's approval of the label for Wyeth's drug, Phenergan, did not afford a complete defense to Levine’s claims.

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