Liever Hyman Potter
X
During the COVID-19 emergency we are fully operational and remain available to service all new clients and existing clients, 24/7.

WE FIGHT
TO WIN

The attorneys of Liever Hyman Potter

AUTO ACCIDENT ATTORNEYS, PERSONAL INJURY & MALPRACTICE LAWYERS

Since our founding in 1959, we have won thousands of awards and settlements for victims and their families, including million-$ and multi-million-$ settlements.

During the COVID-19 emergency we are fully operational and remain available to service all new clients and existing clients, 24/7.
E-MAIL    |    TEL    610 370 6682    /    570 794 5017    

Our litigation team obtained a settlement with
a lifetime payout of over $12,750,000 for a middle
aged woman who was diagnosed with a brain
arteriovenous malformation.   read more

A $1,280,000 settlement has been reached in
favor of a retired man seriously injured in an
auto accident at a city intersection.   read more

The insurer for the driver of a truck that swerved to
avoid rear-ending a school bus and collided with
another vehicle has paid 1.2 million for the serious
injuries suffered by the other driver.   read more

A daycare center accident that blinded one eye
of a 22-month old child and that “could have and
should have been prevented,” has been settled...
read more

A woman who was seriously injured when her
vehicle was struck by a drunken driver has won
a settlement of 2.5 million.   read more

Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability
Medical Malpractice; Nursing Home Abuse & Neglect; Auto/Truck/Motorcycle Accidents; Personal Injury; Workers' Compensation; Products Liability
Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability
Workers' Compensation; Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Products Liability
Workers' Compensation; Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Products Liability
Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability
Contact Us
X

Contact Us

    Supreme Court rejects limits on drug lawsuits

    March 5, 2009 by admin

    Edited from article by Mark Sherman, Associated Press Writer

    The Supreme Court on Wednesday upheld a $6.7 million jury award to a musician who lost her arm because of a botched injection of an anti-nausea medication. The court brushed away a plea for limiting lawsuits against drug makers.

    In a 6-3 decision, the court rejected Wyeth Pharmaceuticals’ claim that federal approval of its Phenergan anti-nausea drug should have shielded the company from lawsuits like the one filed by Diana Levine of Vermont. Levine, 63, struggled with her emotions when told of the ruling in a phone call from an Associated Press reporter Wednesday: “Oh, my God. I’m so, so happy. I can’t believe this phone call,” she said.

    “I’ve been waiting for so long, and I had no idea of what the chances were. I’m just ecstatic. I’m going to have to sit down,” said Levine, once a professional guitar and piano player. She now plays with one hand, and sings.

    Levine’s lawsuit said she wasn’t sufficiently warned of the risks of using Phenergan. But Bert Rein, a Washington lawyer who represents Wyeth, said the company’s label complied with federal law.”The medical and scientific experts at FDA are in the best position to weigh the risks and benefits of a medicine and to assess how those risks and benefits should be described in the product’s label,” Rein said in a statement.

    Wyeth is in the process of being bought by rival Pfizer, Inc., in a $68 billion deal that is expected to close later this year.

    The decision is the second this term to reject business groups’ arguments that federal regulation effectively pre-empts consumer complaints under state law.

    A Vermont jury agreed with Levine’s claim that Wyeth failed to provide a strong and clear warning about the risks of quickly injecting the drug into a vein, a method called IV push. Gangrene is likely if the injection accidentally hits an artery — precisely what happened to Levine

    Justice John Paul Stevens, writing the majority opinion, said Wyeth could “unilaterally strengthen its warning.” Stevens said he was persuaded that until a recent change by the FDA, the agency “traditionally regarded state law as a complementary form of drug regulation” because it monitors 11,000 drugs. Stevens said there could be circumstances where consumer lawsuits would not be allowed, including if the FDA had considered and rejected a stronger warning label.  But that was not the case with Phenergan, he said. “As we have discussed, the FDA did not consider and reject a stronger warning against IV-push injection of Phenergan,” Stevens said.


    SERVING VICTIMS OF:
    MOTOR VEHICLE INJURY
    CAR ACCIDENTS
    TRUCK ACCIDENTS
    MOTORCYCLE ACCIDENTS
    DRUNK DRIVERS
    SLIP AND FALLS
    WORKERS' COMPENSATION
    OCCUPATIONAL DISEASE
    UNSAFE PRODUCTS/CONDITIONS
    WORK INJURIES
    WRONGFUL DEATH
    INADEQUATE WORKERS COMP.
    MEDICAL MALPRACTICE
    DOCTOR/HOSPITAL ERRORS
    SURGERY ERRORS
    OPERATING ROOM MISTAKES
    PREGNANCY & BIRTH INJURIES
    MISDIAGNOSIS
    FAILURE TO DIAGNOSE
    PRESCRIPTION ERRORS
    FAILURE TO DIAGNOSE CANCER
    NURSING HOME NEGLECT
    NURSING HOME ABUSE
    BED SORES