Balance of Justice


Posted on Apr 03, 2008

“The U.S. Supreme Court will soon hear a case that merits the attention of Americans who do not put their absolute faith in the judgment of corporations and federal agencies in protecting public health and safety. This particular case, Wyeth vs. Levine, involves a professional pianist, Diana Levine, who lost her right arm eight years ago after the prescription drug Phenergan was administered through her vein for a migraine headache. Her lawsuit alleges the manufacturer, Wyeth, was aware that an arterial reaction was a risk in the intravenous technique that was used - but failed to mention it on the drug's warning label. Levine won a $6.8 million judgment in state court. However, the legal issue arguments the U.S. Supreme Court are expected to focus on the question that has incited an all-out war between trial lawyers and corporate interests: Namely, does the existence of federal regulation pre-empt states from either enacting stricter rules for public health and safety - or even allowing victims to file lawsuits in state courts?”

Editorial, San Francisco Chronicle, 3-28-08
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/27/EDHOVOGHA.DTL

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