Because of this decision, citizens in all states except Michigan can continue to sue drug companies whose products injure the citizens of those states. Using the theory of "Federal Pre-emption" Wyeth told the United States Supreme Court that under the law it could not change its labeling to warn people such as Mrs. On , The United States Supreme Court Rejected the Rationale Behind Michigan's Drug Product Liability Law DETROIT, / / -- On , the United States Supreme Court in the lefty of Wyeth v.

During the term of former Governor Elmer Engler, the Republican legislature passed a statute granting immunity to companies (drug companies) whose products are approved by the FDA. Levine, rejected the drug company's argument that because it was complying with FDA standards it should be immune from suit. That statute which denied Michigan citizens the right to sue for injuries sustained from dangerous drugs was believed by drug companies to set a pattern which would allow the drug companies to deny the citizens in the other 49 states the right to sue.

Levine that the Wyeth drug Phenergan by the iv - push method had the potential of causing serious injuries and death, including amputation, because the FDA laws did not allow such a change in the.