The United States Supreme Court, in a bold action, upheld a $6.7 million jury award to a woman who lost her arm because of a botched injection of the anti-nausea drug, Phenergan, that caused the nicking of an artery; gangrene then set in. The woman eventually lost her arm.
Wyeth, the manufacturer of Phenergan, claimed that because the FDA approved the anti-nausea drug, even for IV use, it was exempt from lawsuits. This is known as “pre-emption,” but the Supreme Court ruled against Wyeth by upholding the decision to award the woman, a former musician, several million dollars following the loss of one of her arms.
A Vermont jury had agreed with the woman’s lawyer that Wyeth failed to provide a strong and clear warning about the risks of injecting Phenergan directly into a vein (an IV push). Wyeth argued that once a drug’s warning label gets FDA approval, the label cannot be changed without further FDA approval and consumers cannot file law suits claiming they have been harmed.
If you or a loved one has been harmed by a dangerous drug, you may have a product liability claim on your hands. In the Columbus, Ohio area, please contact personal injury attorney Robert W. Kerpsack , Co. L.P.A. today to schedule a confidential consultation.