A verdict by Supreme Court has declared that federal approval of a drug could not protect it from proceedings in state courts. The analysts of drug industry said the verdict, keeping a $6.7 million jury award against Wyeth, will tend drugmakers towards the inspection of safety issues of all untried or tentative drugs in progress along with the existing ones.
The case in which a Vermont musician Diana Levine, who had to lost her arm in the consequences of a poor injection of Wyeth’s ex-medication, Phenergan, for nausea, has drawn the attention of drugmakers to weigh the pervasiveness of the side effects of a drug, its seriousness as compared to its benefits to the people and also the money being produced by it.
Drugmakers argued that product liability claims became banned or anticipated, if the product had any warning label in the inserted package and was approved from FDA (Food and Drug Administration). But it was rejected by a 6-3 decision of the court.
On the other hand Wyeth, although, disappointed by the ruling, it is ready to pay the jury award quickly. Moreover, the spokesman of Wyeth has stated that there was a clear disclosure of the damages and risks caused by Phenergan injection. The severe damage to Diana Levine was done due to the negligence of the doctor. This statement exposed the doctors to be cautious to select the most effective but more risky method to administrate a drug.
Furthermore the verdict said, FDA lacks funds and is overload by various tasks so it’s the responsibility of drug companies to mention the effectiveness and safety of drugs.