Preemption Monday

The U.S. Supreme Court will hear the case Monday of a Vermont woman who is suing drug maker Wyeth because her arm had to be amputated following a high-volume injection of the anti-nausea drug Phenergan.

The injection accidentally punctured an artery, prompting gangrene to set in.

Diana Winn Levine, 63, of Marshfield, argues that the company had a duty to warn consumers that such injections could have devastating consequences. A Vermont court agreed, awarding her nearly $7 million.

Wyeth appealed to the Supreme Court, saying it was protected from such suits. It argues a state court cannot overrule the U.S. Food and Drug Administration's judgment on label warnings.

Much more.