Georgians' Right to Sue For Dangerous Drugs Preserved by U.S. Supreme Court
On March 4, 2009, the Supreme Court upheld a $6.7M award to a woman whose arm had to be amputated due to complications she suffered after being injected with the popular anti-nausea drug, Phenergan. The woman was injected with the drug to combat nausea related to migraine headaches and subsequently lost her arm after gangrene set in. Although the drug was supposed to go into her vein, the needle accidentally struck an artery, which allowed a greater amount of the Phenergren to enter her body of a short period of time.
Prior to the injuries she suffered from the Phenegren complication, Levine was a professional guitarist and pianist. Once she contracted gangrene, doctors were forced to amputate her hand and forearm and her music career was ended.Read Full Supreme Court Opinion.
The importance of this decision cannot be stressed enough for the citizens of Georgia who have suffered personal injuries or death due to unsafe drugs. One of Governor Sonny Perdue's stated top priorities was to insulate drug companies from Georgia State Court suits based on the theory argued by the drug company in the Wyeth v. Levine lawsuit, i.e., that since the FDA approved the drug, state court actions are preempted. Fortunately, the Supreme Court rejected this argument.
Robert J. Fleming, P.C. has successfully represented many clients injured by unsafe drugs. We are elated that the United States Supreme Court has taken this issue on and decided in favor of injured people. Thankfully, your right to sue for these types of injuries has been preserved. If you have been seriously injured, contact us today for a free initial consultation to discuss the specific facts of your case.
