Wyeth v. Levine: A Rare Supreme Court Victory for Consumers of Defective Drugs
Posted by Matthew F. Belanger, Partner, Faraci LangeOn March 4, 2009, the Supreme Court decided a case that has profound implications regarding the rights of consumers to sue prescription drug manufacturers for failing to properly warn of dangers of prescription drugs. In Wyeth v. Levine, ___ U.S. ___, 2009 U.S. LEXIS 1774 (U.S. Mar. 4, 2009) the Supreme Court ruled 6-3 that FDA approval of a prescription drug warning label does not always pre-empt state tort suits regarding the adequacy of such warnings. The decision comes as somewhat of a surprise because just last year, in Riegel v. Medtronic, 552 U.S. ___ (2008), the Supreme Court ruled 8-1 that FDA pre-market approval of Class III medical devices pre-empts state law negligence claims that challenge the safety or effectiveness of FDA-approved devices. The difference in outcome between Wyeth and Riegel is explained by an understanding of the different ways that Congressional actions can pre-empt state law. More…
