Bill Harley and Doug Bell speak on behalf of Diana Levine

[gruntmaster13]

I suffer from migrianes and have had phenegren in an IM shot and IV drip. Why did the doctor give it in an IV push? And, why didn't she sue the doctors or the hospital? Shouldn't they have known the risk/benefit ratio of such a choice? I don't know who reads this but if someone could answer these questions i would greatly appreciate it.

[sklanger]

They did sue the health care provider. They settled out of court as far as I know. Then they went after the big fish - Wyeth.

The issue is whether Wyeth should have contraindicated, contrary to FDA direction. Following the state court jury's determination would mean a conflict with the FDA - and therefore federal law. And under federal preeemption doctrine, federal law 'wins' or preempts state law. Wyeth, in other words, is being penalized for (correctly) following the FDA's determinations!

[Winnjn5]

Thanks for this. Well put.