The U.S. Supreme Court has ruled that federal law does not preempt an injured victim from suing a drug manufacturer in state court. The ruling is significant to anyone who has been injured by a dangerous drug that was not adequately labeled. Here’s what the case may mean to you:

• Drug companies can no longer hide behind the FDA. For many years, drug companies have claimed that they were immune to state law drug injury claims because federal law preempted those claims. In essence, drug companies were saying that because the U.S. Food & Drug Administration (FDA) was responsible for approving drugs, manufacturers could not be held responsible for any resulting injuries. Some courts bought that argument, some didn’t and the matter made its way up to the U.S. Supreme Court – and their ruling makes it clear that drug companies can no longer hide behind the FDA.
• You may be entitled to damages. If you’ve been injured by a dangerous drug, you may be entitled to both economic (lost wages, medical bills, etc.) and non-economic damages (pain and suffering, emotional distress, etc.) as a result. State laws vary on what damages are available, so it’s important to speak with an experience attorney to find out what you might be entitled to.
• What the ruling means to plaintiff Diane Levine. While the ruling will affect millions of Americans who have been injured by dangerous drugs, it will likely affect the plaintiff in the case on a more personal level. Diane Levine was a musician from Vermont who lost her arm after taking a nausea drug made by Wyeth. She sued the pharmaceutical giant in Vermont state court alleging that the company did not provide adequate warnings on the label. She won $6.7 million, but Wyeth claimed that she was preempted from bringing the claim in state court and appealed to the highest court in the nation.

  Now that she’s won the case – and will finally get the damages she was awarded – one can only imagine how she must feel for being partly responsible for opening up the door for millions of other victims who have found themselves in similar situations.

If you’ve been injured due to a dangerous or defective drug, contact an experienced drug litigation attorney to discuss your situation and evaluate your options. Consultations are free, without obligation and are strictly confidential.