High Court Backs Phenergan Verdict, Rejects Wyeth Preemption Argument

MONTPELIER, Vt. - A state Supreme Court has rejected a pharmaceutical manufacturer's contention that the claims of a woman injured by a prescription anti-nausea treatment are preempted by FDA labeling requirements. Levine v. Wyeth, No. 2004-384 (Vt. Sup. Ct.).

In an Oct. 30 decision, the Vermont Supreme Court held that failure-to-warn claims based on injuries caused by an FDA-approved drug do not conflict with the agency's labeling requirements because the defendant manufacturer could have strengthened the warning - deemed inadequate by jurors - without FDA approval.

The decision is the latest in a string of recent rulings examining preemption of …