Home -> Law Blog Directory -> Patent Law Blogs -> Patent Docs

Patent Law

: Patent Docs

Wyeth v. Levine (2009)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- The Supreme Court handed down its decision in Wyeth v. Levine today, and in a 6-3 decision, declared that the labeling regulations and decisions by the Food and Drug Administration (FDA) did not preempt state tort liability based on "failure-to-warn" and strict liability theories.As Justice Alito noted (albeit writing in dissent), this is a "tragic case." Diane Levine, a musician, went to a clinic to obtain treatment for migraine headaches and nausea, and while there, received Wyeth's Phenergan® drug (promethazine) by direct intravenous injection (in a procedure termed "IV push," indicating that the drug was...

Full post as published by Patent Docs on March 05, 2009 (boomark / email).