Wyeth vs. Levine court case Research Paper Example | Topics and Well Written Essays - 2000 words

Wyeth vs. Levine court case - Research Paper Example This began in April, 2000 when the complainant suffered from nausea that was reportedly caused by a migraine headache. She decided to seek medical treatment from a health clinic. Here, she was injected two doses of phenergan, a drug that is manufactured by Wyeth. During the first administration, the drug was given through intramuscular injection. This according to the label, this was the most preferable method. However, her nausea persisted and to counter this, she was given another dose through IV push. In this, drugs are administered directly into the patient’s vein in a bid to promote fast relief. Accidentally, it was administered into Levine’s vein and thus causing irreversible gangrene. Consequently, her forearm as well as right arm was amputated. She began by settling the matter with the clinic and then proceeded to sue the manufacturer for negligence as well as strict liability in a court of law. In this, she alleged that the manufacturer failed to provide critical information regarding the negative implications associated with the IV push administration method. A judge overseeing this case ruled in favor of the complainant. This decision was further affirmed by the supreme court of Vermont. In this case, Levine argued that the information provided by the label did not address the effects of the IV push methodology. Although it placed great emphasis on the relative gangrene risk that could stem from an inadvertent intra-arterial injection, the respective label did not offer any information regarding the concept of IV push. Further, it did not provide any information related to the prohibition of this method og administration. Levine’s insisted that the company had the responsibility of providing this important information by labeling the drug through ‘Changes Being Effected’ provisions. These according to Constance and Savage all drug manufacturers to add any new safety related information to a