High Court Hears Arguments on Limiting Drug Company Lawsuits

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• JIM LEHRER:

  Now, that Supreme Court argument about limiting lawsuits against drug companies. Margaret Warner has our story.

• MARGARET WARNER:

  The case involves Diana Levine, a Vermont woman whose arm had to be amputated after she was injected with an anti-nausea drug. She successfully sued the drug's manufacturer, Wyeth Pharmaceuticals, in state court.

  The company contends her suit is pre-empted by federal law because the drug and its label were FDA-approved.

  Today the high court heard arguments from both sides. And here to walk us through the case is NewsHour regular Marcia Coyle of the National Law Journal.

  Marcia, hello.

• MARCIA COYLE, National Law Journal:

  Hi, Margaret.

• MARGARET WARNER:

  Now, this is a particularly painful tale, given Diana Levine's profession. What happened?

• MARCIA COYLE, National Law Journal:

  Diana Levine is — was a bass guitarist and a composer of children's music. She went to a clinic for medicine to assist her in migraine-related nausea.

  The drug that was used and has been used since about 1955 was Phenergan. And it was administered through injection into an IV line that was supposedly going into a vein in her arm.

  But unfortunately, and tragically, it went into an artery. And when that happens, when it mixes with arterial blood, the result is gangrene. She lost first her hand and then later her forearm.

• MARGARET WARNER:

  And a jury in Vermont gave her a big judgment against Wyeth.

• MARCIA COYLE:

  They did. The jury found that Wyeth should have had more adequate warning on the label for the drug and awarded her a little over $6 million in damages.

  The Vermont Supreme Court agreed with the jury. And Wyeth today is taking Levine to the Supreme Court in which we heard the arguments.