Lawyer – Legal – Attorney

Please Rate This Post

(No Ratings Yet)

 Loading ...

Advertisment

Phenergan - Promethazine - Us Supreme Court - Vermont State

On March 3, 2009 the United States Supreme Court ruled a damaging verdict to the pharmaceutical industry and a good verdict for consumers. A 6-3 decisional vote by the Supreme Court in the case of Wyeth vs. Levine upheld the right for patients to sue drug manufacturers for complications arising from the use of a prescription drug despite the drug’s approval from the Food and Drug Administration. The Wyeth pharmaceuticals company pressed the Supreme Court to dictate that any patient who is injured by the use of an FDA approved prescription cannot file suit against the manufacturer of the drug giving that manufacturer immunity from prosecution. However, the Supreme Court rejected this plea stating that Congress never intended to enact a sweeping law to preempt personal injury claims against drug makers and that personal injury claims against drug manufacturers helps to improve the public health and federal safety laws in the area. At Rosen Louik & Perry, we couldn’t agree with the Supreme Court more in this case.

In early 2000, musician Diana Levine was awarded $6.7 million dollars in damages by a Vermont state court for the loss of her lower right arm due to the intravenous application of the FDA approved drug Phenergan. Known in its generic form as promethazine, is an antihistamine used to treat allergic reactions and was approved for intravenous injection by the FDA in 1995. Unfortunately, the administration of the chemical into Levine’s artery caused an onset of Gangrene which forced an eventual amputation of the limb. In her personal injury lawsuit Levine accused Wyeth of failing to properly warn consumers of the dangers and complications that could arise from the use of Phenergan. Wyeth countered the suit stating that the FDA’s approval should be the final word on the drug’s safety and terms of use and drug manufacturers, Wyeth included, should be exempt from responsibility. In, 2009 they appealed the case to the US Supreme Court in an effort to have the ruling overturned. To their dismay it was not and as a result Wyeth ceased the production of Phenergan.

Despite the FDA’s most sincere efforts to keep people safe from harmful drugs, there have been and will continue to be instances in which hazardous medicines slip into the public market. It is the responsibility of the drug manufacturer to test their products and ensure that consumers have proper knowledge of all significant impacts of the drug. Each year more than 70,000 serious injuries and over 15,000 deaths result from routine utilization of prescription medicines in the marketplace. These victims and their attorneys hold drug manufacturers accountable to insure this doesn’t happen to more people.  The FDA needs to rigorously monitor the use and application of current drugs on the market and evaluate cases of related complications justly. In a situation in which a person is harmed by the use of an FDA approved drug the proper action must be taken against the parties responsible. It is important to choose the right attorney to represent the offended party. Our personal injury attorneys specialize in this area and are well equipped to accurately evaluate the merits of each case and establish the best legal strategy for acquiring the reparations that are due.

Do not waste time when deciding to file a personal injury suit. Statutes of Limitation generally limit the time to file a personal injury suit to 2 years and it is always advantageous to file sooner than later to keep memory of the events most accurate.

Rosen Louik & Perry has been representing plaintiffs in personal injury cases for over 70 years. We have expert attorneys who will fully dedicate themselves to your case and help you obtain the best results possible. If you or someone you know has recently been injured from the administration of a prescription drug or FDA approved product please contact our firm today for a free consultation and case review.

Related Videos :

• Joan Osborne One of us
  What if god was one of us by Joan Osborne, with original Music Video. Only comments in English please, other comments will be deleted. ; ). [The thing she says at the beginning: one of these nights at about twelve o' clock this whole earth' s gonna reel and rock… things thay' ll tremble and cry for
• Keyshia Cole This Is Us with lyrics A Different Me
  NO COPYRIGHT INTENDED I' m like a sunday morning, you' re like friday night And when we kiss, the perfect weekend -no rain in sight When I' m feeling incomplete, you' re my missing piece And when you need your breathe taken away I' ll be your thief From the start to the end We don' t
• Red Pine Harvest Windham County Vermont
  Fabtek cut-to-length timber harvester at work behind my house. I usually make music videos, not forestry machinery videos, but with this going on out my back window, I wanted to document it. FT 153 with FT 240 dangle processing head, operated by Rod Lampe of Westminster VT. Rottne 6WD rapid forwarder operated by Jason Franklin, jasonvt575. Chainsaw
• 16×20 Vermont Cottage
  Vermont Post and Beam with porch and loft. The cabin kit comes complete with everything required to assemble a weather tight shell. We ship internationally. The timber frame is made from native rough sawn lumber hemlock and kiln dried eastern white pine. The outdoor storage shed can easily be insulated and made into a year round retreat.
• Stuck in Vermont 102 Quidditch World Cup
  PLEASE WATCH IN HIGH QUALITY! 10/26/08: BROOMS UP! The 2nd Annual Quidditch World Cup was held on the Middlebury College campus this weekend. Teams came from across the country (and even from Canada) to compete for the prestigious title. Whether you come to it for your Harry Potter fix or treat it as a legitimate
• Stand By Me Playing For Change Song Around the World
  playingforchange.com – From the award-winning documentary, “Playing For Change Peace Through Music”, comes the first of many “songs around the world” being released independently. Featured is a cover of the Ben E. King classic by musicians around the world adding their part to the song as it travelled the globe. Order the CD/DVD Playing For Change “Songs Around

Related Search: None