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Supreme Court Opens Door to "Failure to Warn" Claims in Pharmaceutical Cases |
March 23, 2009
Previously published on March 2009
In a decision that will have far-reaching implications in pharmaceutical product liability litigation and beyond, on March 4, 2009 the U.S. Supreme Court issued its highly anticipated ruling in Wyeth v. Levine, holding 6-3 that federal law does not bar a claim that a drug's warning label is inadequate, even though the label warnings were expressly approved by the FDA.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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