Levine v. Wyeth

¶ 1. Defendant Wyeth, a drug manufacturer, appeals from a jury verdict in favor of plaintiff Diana Levine, who suffered severe injury and the amputation of her arm as a result of being injected with defendant’s drug Phenergan. Plaintiff claimed at trial that defendant was negligent and failed to provide adequate warnings of the known dangers of injecting Phenergan directly into a patient’s vein. Defendant argues that the trial court should not have allowed the jury to consider plaintiff’s claims because the claims conflict with defendant’s obligations under federal law regulating prescription…