Virginia Injury Law Blog
Victims of medical negligence related to medication errors won a major victory last week. The United States Supreme Court upheld a $6.7 million jury award to a musician who had lost her arm due to a mishandled injection of Phenergan, an anti-nausea medication. The Court rejected the defense argument that federal law limits lawsuits against drug makers.
In a 6-3 decision, the Court held that federal approval of the medication’s safety label did not mean that the manufacturer was shielded from lawsuits like the one filed by the patient.
This is the Supreme Court’s second ruling this term which has turned away business groups’ attempts to argue that federal regulations strip a patient’s rights to seek damages for negligence under state law.
Pierce & Thornton has handled medication error cases for its clients. If you believe you or your family has been harmed by a prescription drug or medication error, call one of our attorney’s for a free consultation.