Pharmaceutical giants took a huge hit Wednesday, while American consumers won an enormous victory, thanks to the U.S. Supreme Court’s ruling in Wyeth vs. Levine. And now, justice can be done.

The 6-3 Supreme Court decision held that pharmaceutical companies cannot be shielded from liability because the Food and Drug Administration or other federal agencies erred in approving their drugs, and such companies can be sued in state courts.

Wyeth vs. Levine involved Vermont musician Diana Levine, who lost her right forearm after she was injured in 2000 via injection of Wyeth’s drug Phenergan, an anti-nausea medication which was used to treat her migraine headache.

The Phenergan label had allowed for the kind of fast-acting “push” IV injection that Levine received, though it warned of risks such as gangrene. Via a push IV, the drug went directly into her artery and severely damaged it, causing gangrene and forcing first her hand and then her forearm to be amputated.

Levine sued pharmaceutical company Wyeth in a Vermont state court, and she prevailed, receiving a $6.8 million jury award. That award was then upheld by the Vermont Supreme Court. Backed by the Bush administration, Wyeth appealed to the U.S. Supreme Court.

Wyeth had argued that federal law pre-empted such state court claims and averred that lawsuits against pharmaceutical companies be limited. It insisted that the FDA’s approval of Phenergen’s label got the company off the hook.

The U.S. Supreme Court disagreed, ruling that federal approval did not mean federal pre-emption, and that Wyeth was liable for the defective drug it produced. This ruling means that an injured person can file a product liability lawsuit against pharmaceutical companies in state courts, regardless of FDA or other federal approvals of their unsafe drugs.

The U.S. Supreme Court ruling on Levine’s drug lawsuit is a major victory for consumers. Even if Wyeth had won, it’s believed that President Barack Obama’s administration would have advanced legislation aimed at solving the problem. As it is, the “Supremes” have done so, despite opposition by dissenting Chief Justice John Roberts Jr. He owns stock in Pfizer, a company which plans a merger with Wyeth, yet remained on the case.

Consumers injured by giant pharmaceutical companies now have a fair chance of recovering losses in the legal system via a drug lawsuit. For millions of Americans, it’s a happy day. For pharmaceutical giants whose negligence causes injuries such as Diana Levine’s lost arm, it’s a day of reckoning and much needed accountability.

If you or a loved one has been injured by a defective drug or defective medical device, know that your claim for recovery matters. Alert a defective drug lawyer or defective medical devices lawyer with Jim S. Adler & Associates by filling out the free case review form on this page, and launch the process of gaining the financial compensation you deserve.

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