March 5th, 2009

Reports the Philadelphia Inquirer:

Nine years ago, Diana Levine lost her lower arm to gangrene after a botched injection of the Wyeth drug Phenergan.

Yesterday, she won a victory before the U.S. Supreme Court, which ruled that Wyeth must pay for her loss in a decision that upheld the importance of consumers’ right to sue drug companies over injuries.

It was, Levine said, a victory for “the little guy.”

In a 6-3 opinion written by Justice John Paul Stevens, the court said consumer lawsuits “uncover unknown drug hazards and provide incentives for drug manufacturers to disclose safety risks promptly.”

The case had been billed as the most important business decision in several years because it is likely to affect consumer litigation against many industries.

…

Fred Magaziner, a partner with Dechert L.L.P., has represented many drug companies, although not Wyeth in this case. He said the decision gave juries too much power to second-guess the FDA.

“This is disappointing to pharmaceutical companies because the majority opinion does not seem to take into account the tension between what companies are required to do by the FDA and what juries in particular cases, sometimes involving tragic injuries, believe that the companies should have done,” he said. “The FDA can take into account medical and scientific considerations that apply to all users of the drug that a single jury is just not able to weigh when deciding the case of a particular individual,” Magaziner said.

Read much more at the Inquirer.