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... the direct expense of the hapless victims of inadequately labeled drugs. Luckily, this parade of horribles was stopped in its tracks. Wyeth makes clear that failure-to-warn litigation against pharmaceutical companies is here to stay. As Stevens put it, ... at a time when "tort reform" remains a constant threat notwithstanding the transfer of power in the White House, Wyeth provides a powerful reminder of the importance of the civil justice system in compensating victims and keeping America safe. With ...

... use - not once but several times. It approved labeling including that use and addressing the risks at issue in Levine. As Wyeth points out in its brief, FDA approval is "conditioned upon" the manufacturer using the labeling approved by the FDA " ... has violated a state-law obligation." 129 S. Ct. at 1008. After finishing with its preemption by impossibility argument, Wyeth goes on to make the more conventional preemption by obstruction argument that prevailed in Geier v. American Honda Motor Co., ...

... the Court, the Solicitor General filed a brief recommending that the Court decide Riegel before rendering its decision on the Wyeth cert petition, given the overlapping issues in the two cases. The Court nevertheless granted certiorari on January 18 ... FDA, which has itself has endorsed this narrow interpretation of the statute. Under this proper reading of the statute, Wyeth contends, it would be impossible for Phenergen to be labeled in a way that would satisfy both its federal and state masters ...

... S. and State Supreme Courts on American Business [[www.directorsroundtable.com] ] on Thursday morning in Los Angeles, where he will be discussing - what else? - Wyeth v. Levine.) Here's his report: I spent my morning at the U.S. Supreme Court listening to ... keyed to the existence of new information. Frederick stated that it can be a new analysis of prior data. He claimed that Wyeth was aware of a lot of "unpublished information" that may have been known to the FDA but had not been synthesized for ...

... pipeline was not producing blockbusters. "Hope springs eternal from the research pipeline," Ms. Ryan said. As part of the deal with Wyeth, both companies will have to repatriate tens of billions of dollars back into the United States, which could have a ... S. Moskowitz, an analyst at Caris & Company, an investment bank. Pfizer was advised by Goldman, JPMorgan and Barclays; Wyeth was advised by Morgan Stanley and Evercore Partners. Erik Gordon, a professor at the Ross School of Business at the ...

... severe migraine headache and associated nausea. She was originally treated with intramuscular injections of Demerol (for headache) and Wyeth's drug, Phenergan (for nausea). Intramuscular injection was the preferred method for administering Phenergan identified in the product ... : "INTRA-ARTERIAL INJECTION [CAN] RESULT IN GANGRENE OF THE AFFECTED EXTREMITY." The FDA had regularly reviewed Wyeth's labeling for Phenergan, and the Agency was aware of the risk of gangrene if arterial blood was exposed to ...

By MATTHEW KARNITSCHNIG Pfizer Inc. on Monday agreed to pay $68 billion to acquire rival Wyeth, in the largest pharmaceutical deal in nearly a decade. Separately, Pfizer said fourth-quarter net income plunged 90% on $2.3 ... Morgan Chase & Co., Barclays PLC and Citigroup Inc. -- have each agreed to provide $4.5 billion in financing for the Wyeth purchase, according to a person familiar with the transaction. Pfizer will pay for the deal with roughly one third in borrowed money, one third in stock ...

... , a suit against Barr Laboratories over a generic form of the hyperactivity drug Adderall was stalled for months waiting for the Wyeth decision, said Peter Kaufman, the lawyer for the mother of Kristina Flatt, 21, who died in 2005 of sudden ... were preempted by FDA approval of the label. Seroquel, the target of suits because of its links to diabetes, is not covered by the Wyeth ruling because the FDA mandated that drugmakers add a classwide warning for all atypical antipsychotic drugs. The Supreme ...

... of whether she ever took Premarin or Prempro. As regards liability, the basis of this plaintiff's case was the allegation that Wyeth had failed to adequately warn Rush about the risk of serious side effects linked to estrogen-progestin hormone therapy, ... put the Rush case result in context by reporting on the current status of hormone replacement therapy, or HRT, litigation: Wyeth declined to comment on the outcome of the [Arkansas federal district court / MDL Rush] trial as a Philadelphia jury ...

... law should be preempted. Edwin S. Kneedler, the Deputy Solicitor General representing the United States, concurred with Wyeth's arguments. In addition, Kneedler specifically asserted that state determinations as to the adequacy of drug labeling are preempted when ... drip method; (2) warnings of the risks associated with the IV push method were already on the label; (3) Wyeth submitted all the information as to the risks of Phenergan, specifically in connection with the IV push method, to the FDA; ...