In Wyeth v. Levine, where Levine sued the drug developer Wyeth for failure to warn after she lost her forearm and hand after being given a drug by IV-push, a method known to have risks, the U.S. Supreme Court:
A) dismissed the state court's judgment for Levine because it was impossible for Wyeth to comply with both federal and state labeling regulations
B) dismissed the state court's judgment for Levine because it was not impossible for Wyeth to comply with both federal and state labeling regulations
C) upheld the state court's judgment for Levine because it was not impossible for Wyeth to comply with both federal and state labeling regulations
D) awarded Levine additional damages
E) reversed the state court's decision for Levine and ordered her to pay Wyeth's attorney fees

Question

Quizplus · Accepted Answer

The U.S. Supreme Court upheld the state court's judgment in favor of Levine because it was not impossible for Wyeth to comply with both federal and state labeling regulations. The court held that drug manufacturers have a duty to warn consumers of the risks of their products and that state law failure-to-warn claims are not preempted by federal law. The court further stated that the FDA's approval of a drug label does not necessarily shield a drug manufacturer from liability for failure to warn under state law.

In Wyeth V