Wyeth v. Levine
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Summary

In this 2009 case, the Court held that FDA approval of drug labels does not preempt state tort claims, allowing injured patients—like Levine, who was injected with Phenergan—to sue for inadequate drug warnings.

2009 | Federal Juristiction

Wyeth v. Levine

Keywords FDA approval; drug labels; preemption; state tort claims; inadequate drug warnings; pharmaceutical liability; Phenergan; drug injury; product liability; 2009 Levine case
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Preemption and Inadequate Drug Warnings: The Levine Case

The 2009 Levine decision established a precedent against the preemptive effect of Food and Drug Administration (FDA) drug label approval on state-level tort claims. This ruling permits legal action by individuals who have suffered harm due to insufficient drug warnings, as exemplified by the plaintiff, Mr. Levine, who sustained injuries following an injection of Phenergan. The court's analysis underscored the distinct roles of federal drug regulation and state-based tort law in protecting patient safety. The decision highlights the ongoing tension between federal oversight of drug labeling and the ability of individuals to seek redress for harms caused by inadequate warnings.

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Levine v. Wyeth (2009)

The 2009 Supreme Court decision in Levine v. Wyeth established that federal Food and Drug Administration (FDA) approval of pharmaceutical labeling does not preclude state-level tort claims. This ruling permits individuals harmed by allegedly inadequate drug warnings—such as the plaintiff, Mr. Levine, who suffered injury after receiving an injection of Phenergan—to pursue legal action against the manufacturer.

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The Levine Case: Drug Labels and Legal Responsibility

In a 2009 ruling, the Supreme Court decided that the Food and Drug Administration's (FDA) approval of a drug's label doesn't block patients from suing the drug manufacturer in state court. This means that if someone is injured by a drug, they can still sue, even if the FDA approved the drug's label. The case, Levine v. Wyeth, involved a patient who suffered harm from an injection of the drug Phenergan. The court determined that the FDA approval process didn't shield the manufacturer from responsibility for inadequate warnings on the drug's label.

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The Court Case About Medicine Labels

In 2009, a court made a big decision about medicine labels. The court said that even if the government approves a medicine's label, people can still sue the company if they get hurt because the label didn't give enough warnings. This means that someone who was hurt by a medicine, like Levine who got a shot of Phenergan, could still take the company to court.

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Footnotes and Citation

Cite

129 S.Ct. 1187 (2009)

Highlights