WASHINGTON — The Bush administration and a drugmaker urged the Supreme Court on Monday to throw out a multimillion-dollar verdict won by a Vermont musician who lost her arm because of a botched injection to relieve nausea.
The case is being watched closely by the pharmaceutical industry and consumer groups because of its potential for broad limits on lawsuits by people, such as Diana Levine, who were harmed by prescription drugs. But the justices seemed more likely Monday to be headed toward a narrow ruling that might be confined to the facts of Levine’s case.
A Vermont jury awarded Levine $6.7 million after the improper injection of Phenergan, an anti-nausea drug made by Wyeth Pharmaceuticals, caused gangrene that led to the amputation of her right arm.
The jury agreed with Levine that Wyeth should have included a stronger warning about the risks of a method of intravenous injection known as IV push.
But lawyers for Wyeth and the government said Levine’s case should have been thrown out of court because Phenergan has been approved by the Food and Drug Administration and its label adequately warned about its risks. FDA approval serves as a shield against liability lawsuits under state law in such cases, they said.
“The labeling plainly comprehended and warned about the specific risks of IV administration,” Wyeth lawyer Seth Waxman told the justices.
David Frederick, representing Levine, argued that Wyeth never made clear to the FDA how dangerous IV push could be.
