Business law chp 4

Petitioner Wyeth manufactures the anti-nausea drug, Phenergan. After a clinician injected respondent Levine with Phenergan by the IV-push method, whereby a drug is injected directly into a patients vein, the drug entered Levines artery, she developed gangrene, and doctors amputated her forearm. Levine brought a state-law damages action, alleging that Wyeth had failed to provide an adequate warning about the significant risks of administering Phenergan by the IV-push method. The Vermont jury determined that Levines injury would not have occurred if Phenergans label included an adequate warning, and it awarded damages for her pain and suffering, substantial medical expenses, and loss of her livelihood as a professional musician. Phenergans labeling had been approved by the federal Food and Drug Administration (FDA).

1. Highlight the pertinent facts;

2. Identify the issue of law posed by the case problem. This will be in the form of a question based on a legal concept from the chapter.

3. What should be the decision in the case? (i.e. the answer to the issue).

4. The reasoning for such decision.