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PRODUCT LIABILITY LAW & STRATEGY

April 2009

Opinion: Supreme Court Botches Preemption Case

Statement on Wyeth v. Levine

By Gregory Conko

The Supreme Court handed down its decision last month in the case of Wyeth v. Levine, ruling that federal law did not bar plaintiff Diana Levine from suing pharmaceutical maker Wyeth over allegedly insufficient drug safety warnings, even though the warnings had been approved by the Food and Drug Administration (FDA). This decision establishes the troubling precedent that a sympathetic jury can now supersede the expert opinions of the FDA on what qualifies as adequate safety labeling.

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