Navigation Links
Supreme Court Ruling is a Victory for Consumers Injured by Dangerous Drugs, Says Hissey Kientz, LLP
Date:3/6/2009

A ruling this week by the U.S. Supreme Court will protect the rights of consumers who are injured by dangerous drugs, according to Hissey Kientz, LLP. “The Supreme Court’s ruling this week is an important victory for plaintiffs who have been hurt by dangerous or defective drugs,” said attorney Robert Kientz.

Austin, TX (Vocus) March 6, 2009 -- A ruling this week by the U.S. Supreme Court will protect the rights of consumers who are injured by dangerous drugs, according to Hissey Kientz, LLP. The court rejected the argument that individuals should be barred from filing lawsuits over inadequate drug labels that were approved by the Food and Drug Administration. This legal doctrine -- known as “preemption” -- would have applied even in cases when the manufacturers of these drugs failed to warn the public about the serious and potentially deadly side effects of their products.

“The Supreme Court’s ruling this week is an important victory for consumers who have been hurt by dangerous or defective drugs,” said attorney Robert Kientz of Hissey Kientz, LLP. “This decision will not only guarantee the right of these individuals to receive fair compensation for their injuries, but will help to protect other consumers from the harmful effects of these dangerous products after they have gone on the market.”

In the case Wyeth v. Levine (06-1249), Vermont plaintiff Diane Levine’s arm developed gangrene and was amputated after her doctor used a technique known as “IV push” to give her an injection of the anti-nausea drug Phenergan. Administering Phenergan by the IV push method can increase the risk of infection. Ms. Levine sued the drug’s manufacturer, Wyeth Pharmaceuticals, alleging that the drug’s label did not warn physicians to use an alternate method of drug administration to prevent infection.

A jury agreed that Ms. Levine’s injury would not have occurred if the drug’s label included an adequate warning about the IV push delivery method and awarded her a verdict of $7.4 million. Wyeth Pharmaceuticals appealed the jury verdict, arguing that it should be protected from all lawsuits regarding the labeling of Phenergan because the label had received prior approval from the federal Food and Drug Administration.

In a 6-3 decision, the United States Supreme Court upheld the jury verdict in favor of Ms. Levine and held that a drug manufacturer bears ultimate responsibility for the content of its label, even if the label has been previously approved by the FDA.

In reviewing the legislative history of the Food, Drug and Cosmetic Act that governs drug safety and labeling requirements, the court found “powerful evidence” that Congress did not intend FDA oversight to be the exclusive method of ensuring drug safety and effectiveness.

“The FDA has limited resources to monitor the 11,000 drugs on the market, and manufacturers have superior access to information about their drugs, especially in the postmarketing phase as new risks emerge,” wrote Justice John Paul Stevens. “State tort suits uncover unknown drug hazards and provide incentives for drug manufacturers to disclose safety risks promptly.”

Many legal experts had feared that a ruling in Wyeth’s favor would have shielded drugmakers from any responsibility for the injuries caused by their products, even in cases where these companies had deliberately withheld information about the safety risks of their products from the public.

“This ruling affirms that it is the responsibility of the manufacturer—not the FDA—to alert consumers about the possible health risks associated with its products,” said Kientz. “When the drug companies fail to do this, they should be held responsible in a court of law.”

About Hissey Kientz, LLP
Hissey Kientz, LLP is currently accepting cases involving individuals who may have contracted mesothelioma, asbestosis or lung cancer as a result of asbestos exposure, as well as those injured by the Ortho Evra patch, digoxin toxicity from Digitek, PPH caused by Fen-Phen, the Composix Kugel mesh hernia patch, renal failure caused by Trasylol, the Duragesic or fentanyl pain patch, FELA railroad injuries, gadolinium MRI contrast dyes or other defective drugs and devices. To learn more about the firm and other drug cases, visit Hissey Kientz, LLP (www.hkllp.com) or call toll-free at (866) 275-4454.

###

Read the full story at http://www.prweb.com/releases/2009/03/prweb2210564.htm.


'/>"/>
Source: PRWeb
Copyright©2009 Vocus, Inc.
All rights reserved  

Related medicine news :

1. Texas Supreme Court Rules Against Medicare HMOs in Hospital Reimbursement Fight
2. Filing for Reconsideration/Press Conference ACUNA v. TURKISH, Historic Informed Consent Abortion Case to the New Jersey Supreme Court
3. ALLs Judie Brown: Supreme Court is Wrong on Contraception Ruling
4. Autism Speaks Applauds Supreme Court Decision Upholding Families Right to Challenge IEPs Without First Trying Out School District Proposed Placement
5. California Veterinary Medical Association Reacts to Supreme Court Decision
6. Amicus Brief Filed with U.S. Supreme Court in Riegel v. Medtronic, Inc.
7. Supreme Court Hears Case on Federal Pre-emption of Safety Standards for Medical Technologies (Riegel v. Medtronic, Inc.)
8. Michigan Resident, Kimberly Kents Drug Product Liability Case Will Be Argued in the United States Supreme Court on February 25, 2008
9. Surprise U.S. Supreme Court Decision Helps Michigan Citizens
10. AARP Deeply Disappointed by Supreme Court Decision on Retiree Health Care Benefits
11. Oregon Supreme Court Rules in Favor of R.J. Reynolds Tobacco Company in Medical Monitoring Suit
Post Your Comments:
*Name:
*Comment:
*Email:
Related Image:
Supreme Court Ruling is a Victory for Consumers Injured by Dangerous Drugs, Says Hissey Kientz, LLP
(Date:6/27/2016)... ... June 27, 2016 , ... ... strategic partnership with Connance, a healthcare industry leader providing predictive analytics to ... technology combine to provide health systems, hospitals and ambulatory surgical centers with ...
(Date:6/26/2016)... PLAINSBORO, N.J. (PRWEB) , ... June 27, 2016 , ... ... same sources, yet in many ways they remain in the eye of the beholder, ... Oncology (EBO), a publication of The American Journal of Managed Care. For the full ...
(Date:6/26/2016)... Cary, North Carolina (PRWEB) , ... June 26, 2016 , ... ... the release of a new product that was developed to enhance the health of ... harvested for centuries. , The two main herbs in the PawPaws Cat Kidney ...
(Date:6/25/2016)... (PRWEB) , ... June 25, 2016 , ... ... health policy issues and applications at AcademyHealth’s Annual Research Meeting June 26-28, 2016, ... work on several important health care topics including advance care planning, healthcare costs ...
(Date:6/25/2016)... Viejo, California (PRWEB) , ... June 25, 2016 , ... ... to fit their specific project," said Christina Austin - CEO of Pixel Film Studios. ... fully customizable and all within Final Cut Pro X . Simply select a ...
Breaking Medicine News(10 mins):
(Date:6/24/2016)... 24, 2016  Arkis BioSciences, a leading innovator ... more durable cerebrospinal fluid treatments, today announced it ... funding is led by Innova Memphis, followed by ... private investors.  Arkis, new financing will accelerate the ... market release of its in-licensed Endexo® technology. ...
(Date:6/23/2016)... DUBLIN , June 23, 2016 ... the "Pharmaceutical Excipients Market by Type (Organic Chemical ... Preservative), Formulation (Oral, Topical, Coating, Parenteral) - Global Forecast ... The global pharmaceutical excipients ... 2021 at a CAGR of 6.1% in the forecast ...
(Date:6/23/2016)... , June 23, 2016 ... CAPR ), a biotechnology company focused on the ... announced that patient enrollment in its ongoing randomized ... has exceeded 50% of its 24-patient target. Capricor ... the third quarter of 2016, and to report ...
Breaking Medicine Technology: