David against Goliath or Levine vs. Wyeth
Beware pharmaceutical companies on your labeling! This warning could be taken as a wise advice to reflect upon since a Vermont Court ruled in favor of Ms Levine, an innocent victim that physically paid the damaging consequences of a medical disaster.
Levine suffering from a migraine rushes to a clinic to be given her appropriate treatment and ends up with a gangrened arm, after an injection of Phenergan that was supposed to counteract the nauseous side-effect of her pain medication, Demercol.
Everything would have been a simple routine if a physician assistant instead of practicing a missed “IV push” (intravenous) had administer the product through an intramuscular injection or an intravenous drip. The result was an inevitable amputation of her arm.
After rough argumentations opposing the plaintiff and the defendant, the Court acknowledged Wyeth’s failure to warn about the dangerous interaction between the Phenergan and the arterial blood.
The issue for x, y, z victims like Levine of any injuries linked to any products, any companies, is to determine their liability on one hand, and on the other hand to demonstrate the unability to sue whom it may concern for the damages, in the present case, Wyeth.
To the help of the injured consumers remains their right to justice. On the other side of the bar, pharmaceutical companies like Wyeth dispose of the “pre-emption” secret weapon, a doctrine that bars the consumer against any judiciary pursuits.
Since the corporatocracy uses the “pre-emption” argumentative shield to protect itself against its own deficiency, what are the victims’ resorts to infringe their debilitating effects? Which law allows the consumer to be fairly represented, or at least be covered at the example of multinationals? To prevent such inequity shouldn’t the FDA, the tampoon between the multinationals and the consumers, be more rigorous to whatever product piercing the market? To reduce such prejudice towards the consumer shouldn’t Courts set an example to the eyes of big companies’ abusive dictatorships?
In November, the Supreme Court will rule on the trial Levine vs. Wyeth. Will it privilege David or Goliath?
To be continued…Tags: pharmaceutical companies, pharmaceutical companies'omnipotence, products liability law, the "pre-emption"