Day on Torts
The U.S. Supreme Court has issued the opinion in Wyeth v. Levine, the product liability case against the manufacturer of Phenergan. Wyeth appealed from an adverse jury verdict saying that Levine’s failure-to–warn claims were pre-empted by federal law because Phenergan’s label was approved by the FDA.
The USSC held that federal law did not pre-empt Levine’s claim that Phenergan’s label did not contain an adequate warning about the IV-push method of administration.
Read the opinion here