On March 5, the U.S. Supreme Court reaffirmed the valuable role consumer lawsuits serve in keeping Americans safe, by ruling that an individual can hold a drug maker accountable when the company knows of a risk from one of its products but does not convey it in a suitable warning.
The clear message of the 6-3 decision in Wyeth v. Levine was that a U.S. Food and Drug Administration-approved label does not insulate drug manufacturers from responsibility to update warnings based on knowledge of risks acquired after initial approval of the warning. By so holding, the Supreme Court exposed the injustice of its ruling from the prior term in Riegel v. Medtronic , which prohibited consumer lawsuits against medical device manufacturers when users were injured.
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