Here is a heartbreaking story about a professional musician who suffers from migraines and went to the emergency room of a Vermont hospital eight years ago. This had happened before and, as on other occasions, she was given a painkiller and another med to treat the nausea brought on by the first drug. One thing, however, was unusual about this visit - the nausea med was administered differently. And the incident eventually caused Levine, a professional musician, to lose her right arm below the elbow. She later filed a lawsuit against Wyeth, which sells the injectable Phenergan nausea med.
Levine won a $6.8 million trial verdict that was upheld by the Vermont Supreme Court but the case was appealed to the Supreme Court by the pharmaceutical company. Today the Supreme Court is hearing Oral Argument on the issue of federal preemption of state tort law in Wyeth v. Levine, in a case considered to have long term applications toward business.