Pharmaceutical Liability Will Turn On Preemption

Law360 (June 14, 2007, 12:00 AM EDT) -- Last October, the Supreme Court of Vermont upheld a $7 million judgment against Wyeth Pharmaceuticals after a woman injected with the anti-nausea drug Phenergan required an arm amputation.

The court held that the Wyeth label's compliance with Food and Drug Administration directives didn't exculpate Wyeth, which has appealed the ruling to the Supreme Court.

Meanwhile, in April 2007, a Texas judge partially dismissed roughly 1,300 suits against Merck Co. regarding the drug Vioxx, citing a 2003 Texas law that provided for the exact opposite of the...
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