The U.S. Supreme Court appeared torn Monday over whether a federal law on drug labeling should pre-empt a jury’s $7 million verdict against Wyeth in the case of a Vermont woman who lost her arm to gangrene after being given a Wyeth drug for a migraine headache.
The case, Wyeth v. Levine , has been billed as a major milestone in the effort by the pharmaceutical and other industries to free themselves of unpredictable state court tort litigation by embracing instead a single, federal regulatory regime — in short, federal pre-emption.
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