In the face of nationwide debate over preemption, the Supreme Court is now considering the Wyeth v. Levine case. In that case, Diana Levine went to the hospital because she was suffering from a severe headache. She was injected with Phenergan, a drug that treats nausea. After suffering complications from this injection, her hand and forearm were amputated. Ms. Levine alleged that her injuries were caused by misadministration of the drug due to defects in the labeling. The Supreme Court is set to take up the issue of whether the use of FDA approved and mandated labeling would bar the state for claims because of the preemptive effect of the federal labeling laws.
