Human Resource Selection 9th Edition by Marianne Jennings

Exercise 1

Diana Levine went for her usual treatment for a migraine headache at her local clinic on April 7, 2000. There she received an intramuscular injection of Demerol for her headache and Phenergan for her nausea. Because the combination did not provide relief, she returned later that day and received a second injection of both drugs. This time, the physician assistant administered the drugs by the IV-push method, and the drugs, including Phenergan, entered Levine's artery, either because the needle penetrated an artery directly or because the drug escaped from the vein into surrounding tissue (a phenomenon called "perivascular extravasation"). As a result, Levine developed gangrene, and doctors amputated first her right hand and then her entire forearm. In addition to her pain and suffering, Levine incurred substantial medical expenses and the loss of her livelihood as a professional musician. When Levine filed suit against Wyeth, the drug's manufacturer, a Vermont jury found that Wyeth had failed to provide an adequate warning of that risk and awarded damages to compensate her for the amputation of her arm. The FDA had approved the warnings on Phenergan's label concurrently with its approval of Wyeth's new drug application in 1955 and again when the company applied later for changes in the drug's labeling. The jury awarded total damages of $7,400,000, which the court reduced to account for Levine's earlier settlement with the health center and clinician. Wyeth appealed on the grounds that the FDA's regulation was extensive and preempted state tort laws. Will the court uphold her state-court damage award? [ Wyeth v Levine, 129 S.Ct. 1187 (2009)]