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Supreme Court Opens Door to "Failure to Warn" Claims in Pharmaceutical Cases by John Armando Boudet
Roetzel & Andress, [incorporation phrase format]A Legal Professional Association - Akron Office
Robert B. Casarona
Roetzel & Andress, [incorporation phrase format]A Legal Professional Association - Cleveland Office
Jeffrey J. Casto
Roetzel & Andress, [incorporation phrase format]A Legal Professional Association - Akron Office
Ronald B. Lee
Roetzel & Andress, [incorporation phrase format]A Legal Professional Association - Akron Office
Richard S. Mulligan
Roetzel & Andress, [incorporation phrase format]A Legal Professional Association - Columbus Office
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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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