How does the United States Supreme Court affect personal injury claims in Vermont?
Every year the United States Supreme Court rules on a wide variety of legal issues. In 2009 the Supreme Court is expected to issue an opinion in the case of Wyeth v. Levine. In this case the drug company, Wyeth is seeking to overturn a Vermont state court’s ruling in favor of Diana Levine, a musician who lost part of her arm after an infection caused by a painkiller manufactured by Wyeth. The legal issue before the court is whether federal law preempts conflicting Vermont state law and whether Diana Levine can bring a personal injury claim against a drug manufacturer for injuries caused by FDA-approved drugs. If the Supreme Court rules that Diana Levine’s is barred from bringing a suit, drug companies could be immune from personal injury claims as long as the drug was approved by the FDA. The Supreme Court will release its rulings in the spring and it will be interesting to see how the case is decided.
This is a frustrating example of how insurance companies often attempt to escape liability based on a technicality. As discussed in Personal Injury Law, Insurance and the movie “Sicko,” if you have a serious personal injury claim don’t think that the insurance company will treat you fairly. The only time an insurance company pays a fair settlement is when the injured individual is represented by an experienced personal injury attorney. At Van Dorn & Curtiss we know about a thing called insurance companies rules. Click here For a comical explanation of insurance companies rules.