1. Why is Wyeth v. Levine considered the most important business decision the court has made in several years?

2. Read the "Background" on the case below. What argument did Wyeth use to defend itself against the accusation that it should be held liable for the gangrene Ms. Levine developed from the Phenergan?

3. Why did the court's majority opinion call Wyeth's argument "meritless"?

4. Why did the pharmaceutical industry and pro-business groups criticize the ruling?

5. Define preemption as used in Wyeth v. Levine.

6. Considering the following, do you agree with the majority decision in this case, or with the 3 dissenting justices who said that Ms. Levine may well have had a strong case for medical malpractice against the physician and physician's assistant, but not against Wyeth?  Explain your answer.

• Though Wyeth's drug label for Phenergan permitted intravenous injection, it said "extreme care" was needed to avoid hitting an artery, because "likely" complications included "gangrene requiring amputation."
• A physician's assistant gave Ms. Levine via an IV push, Phenergan for nausea. The physician's assistant apparently missed Levine's vein and hit an artery, causing gangrene that led to the amputation of her lower arm several weeks later.
• Writing for the majority, Justice Stevens said consumer lawsuits "uncover unknown drug hazards and provide incentives for drug manufacturers to disclose safety risks promptly."