PPH Lawsuit Attorneys

How an Upcoming Supreme Court Case Could Affect PPH Lawsuits

The Supreme Court has agreed to hear the case of Wyeth v. Levine. In this case, Ms. Levine filed a lawsuit under Vermont’s tort laws alleging that her arm had to be amputated because Wyeth failed to address IV push administration of a drug on the label.

The question the Supreme Court will address is whether or not an individual may sue a pharmaceutical company for an off-label administration of a drug that ends up badly if the Food and Drug Administration (FDA) has already approved both the drug and its label.

The case itself relates to labeling issues and whether or not individuals can file a lawsuit under a state tort law when something has already been approved by the FDA. It is a case very similar to Riegel v. Medtronic, which the Supreme Court decided a few weeks ago.

In Riegel v. Medtronic, the Supreme Court held that an individual may not file a lawsuit alleging defective design under a state tort law if the device had already been approved by the FDA. This case was landmark as it marks of the first instances of the Supreme Court coming down on the side of the manufacturer instead of the consumer.

If you have taken any of a variety of diet or diabetes drugs and have been diagnosed with Primary Pulmonary Hypertension, contact the PPH lawsuit attorneys of Williams Kherkher at 1-866-950-9000 to discuss your case and to determine your legal options.