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Wyeth Vs Levine Case Study

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Wyeth Vs Levine Case Study
In a recent ruling in 2009, Anthony M. Kennedy took part in a 6-3 ruling with other justices in the case of Wyeth v. Levine. Diane Levine filed a personal injury claim against a drug manufacturer named Wyeth, stating that because they had failed to properly label their product her arm had to be amputated. The plaintiff injected Phenergan, a drug used to prevent allergies and motion sickness into her arm. Due to complications from this injection, her arm had to be amputated. The Supreme Court of Vermont ruled in favor of the plaintiff (Ms. Levine). The court confirmed that the FDA imply provides the ground work for regulation in each state but each state is free to create stricter labeling requirements.
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