Law Center - POSTED: 2008/10/31 01:08
When Diana Levine turned 63 recently, her daughter made her a birthday card, drawing on Greek mythology with an illustration of Diana the Huntress, her bow string drawn taut, an arrow ready to fly.
But the arm pulling at the bowstring was amputated below the elbow — just like Diana Levine's — and the target was labeled the "Wyeth monster."
That's Wyeth as in Wyeth Pharmaceuticals, the company Levine blames for a botched injection of the Wyeth-made drug Phenergan that led doctors to amputate her right arm in 2000.
Levine, once a professional guitar player and pianist, now plays with one hand and sings. "It's about getting my glow back," she said recently as she was awaiting a hearing Monday before the U.S. Supreme Court, where Wyeth is appealing a $6.7 million verdict in her favor.
The outcome of Levine's case could have major ramifications for drug makers and consumers. The court is expected to decide whether people can sue under state law — or are pre-empted from doing so — for harm caused by a drug approved by the federal Food and Drug Administration.