U.S. Supreme Court allows Wyeth suit

Washington -- The U.S. Supreme Court says a musician who lost an arm to gangrene has the right to sue pharmaceutical giant Wyeth over drug labeling.

The 6-3 Supreme Court ruling said Diana Winn Levine of Vermont has the right to collect $6.7 million awarded by a jury after the drug maker was found guilty of inadequate labeling of the drug Phenergan, CNN reported Wednesday.

The ruling is seen as a victory for groups seeking to hold the pharmaceutical industry accountable on drug safety.

The anti-nausea drug, which was delivered by a method called IV-push, infected Levine's artery and led to the amputation of her right arm. Wyeth officials said they believed they were prohibited from changing the label without FDA approval.

The court said approval of the drug by federal regulators does not trump consumer safety laws, the report said. "We hold that the jury's verdict against defendant did not conflict with the FDA's labeling requirements for Phenergan because defendant could have warned against IV-push administration without prior FDA approval," the high court said.

Copyright 2009 by United Press International.