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Court Upholds $6.8 Million Verdict in Phenergan Case


-January 9, 2007

The Vermont Supreme Court recently upheld a jury verdict of $6.8 million, which was awarded to a woman whose arm had to be amputated after being injected with Phenergan.

Diana Levine was given an injection of the drug at the Health Center in Plainfield, Vermont, in 2000 to treat migraine-induced nausea. When she returned to receive another injection of Phenergan, the drug was inadvertently injected into her artery.

Consequently, Levine developed gangrene and eventually had to have her hand and forearm amputated. According to her initial complaint, the drug maker Wyeth failed to provide adequate warnings on the Phenergan's labeling.

The jury sided with Levine, awarding her $6.8 million in damages. That verdict was upheld in an appellate court ruling, which cited the drug maker's responsibility to issue heightened warnings even in instances when not required by the FDA.

When further warnings become necessary, the manufacturer is at least partially responsible for taking additional action, and if it fails to do so, it cannot rely on the FDA's continued approval of its labels as a shield against state tort liability, the ruling said.

Phenergan is an antihistamine used to treat allergy symptoms, and nausea and vomiting. It is also used as a sedative and to prevent motion sickness.

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