Plainfield Pianist's Case Could Affect Nation - WCAX.COM Local Vermont News, Weather and Sports-

Plainfield Pianist's Case Could Affect Nation

Diana Levine Diana Levine

Burlington, Vermont - October 6, 2008

This is the so-called First Monday at the United States Supreme Court; the day the fall term opens and this term has two major cases from Vermont. We told you last week of the criminal case, but the civil case has implications for regular citizens across the country.

This case stems from a lawsuit brought by Diana Levine, of Plainfield. A pianist and professional musician, she has won $7 million from Wyeth Ayerst Laboratories in a civil suit. She claims doctors improperly administered her drugs intravenously made by that company when she was suffering from nausea. As a result, gangrene set in and the lower half of her right arm had to be amputated.

Wyeth claims the FDA approved its drugs and its instructions.

"What's at issue in this is whether or not people like Diana Levine who were injured by a drug can sue in state court for the injuries the drug caused, even when the FDA has said the use of the drug is ok. So the real question is whether federal law can trump state law," explained legal expert Cheryl Hanna, of the Vermont Law School.

Hanna said it's unusual because the Supreme Court asked the Justice Department to weigh in on the Wyeth case.

"That's right, it's not usual the Supreme Court will say, so solicitor general-- what do you think?"

Hanna said, "And for the first time the administration weighed in on the side of the pharmaceutical companies and said this is an issue the court should take on... this case. And I think because of that, the court-- at least four members of it-- are likely to find in favor of the pharmaceuticals."

Hanna said if that is the case, it will drastically affect such patient cases across the country.

Marselis Parsons - WCAX News

  • Local NewsMore>>

  • People's United: Retirement Plan Updates

    People's United: Retirement Plan Updates

    Thursday, April 24 2014 7:45 AM EDT2014-04-24 11:45:35 GMT
    The Internal Revenue Service is requiring companies to update their retirement plan documents.More >>
    The Internal Revenue Service is requiring companies to update their retirement plan documents.More >>
  • Rutland pharmacist accused of stealing meds

    Rutland pharmacist accused of stealing meds

    Wednesday, April 23 2014 11:43 PM EDT2014-04-24 03:43:47 GMT
    In Rutland a pharmacist is accused of stealing meds from his employer. 32-year-old Brandon Cigana worked at the Walgreens Pharmacy on Woodstock Avenue. Prosecutors say he used his position there to access the pharmacy's inventory stealing regulated drugs like benzodiazepines, Hydrocodone and Suboxone for himself without a prescription. The Whitehall, New York man faces up to two years behind bars.More >>
    In Rutland a pharmacist is accused of stealing meds from his employer. 32-year-old Brandon Cigana worked at the Walgreens Pharmacy on Woodstock Avenue. Prosecutors say he used his position there to access the pharmacy's inventory stealing regulated drugs like benzodiazepines, Hydrocodone and Suboxone for himself without a prescription. The Whitehall, New York man faces up to two years behind bars.More >>
  • Drug bust in Burlington's Old North End

    Drug bust in Burlington's Old North End

    Wednesday, April 23 2014 11:44 PM EDT2014-04-24 03:44:04 GMT
    Police made a drug bust Wednesday night in Burlington's Old North End. Police and the U.S. Marshal's raided this home on Cedar Street around 8 o'clock. They say they seized heroin and cocaine. Six people were inside when authorities went in. But they're not saying how many arrests were made. The raid was part of an ongoing drug investigation.More >>
    Police made a drug bust Wednesday night in Burlington's Old North End. Police and the U.S. Marshal's raided this home on Cedar Street around 8 o'clock. They say they seized heroin and cocaine. Six people were inside when authorities went in. But they're not saying how many arrests were made. The raid was part of an ongoing drug investigation.More >>
  • Fire damages Lyndonville tree farm

    Fire damages Lyndonville tree farm

    Wednesday, April 23 2014 11:44 PM EDT2014-04-24 03:44:21 GMT
    Fire has damaged ten acres of a Lyndonville tree farm. Eight department were called in to battle the blaze. And it took four hours to get the flames under control. Fire officals say a discarded cigarette combined with dry conditions are to blame. One firefighter suffered from minor smoke inhalation.More >>
    Fire has damaged ten acres of a Lyndonville tree farm. Eight department were called in to battle the blaze. And it took four hours to get the flames under control. Fire officals say a discarded cigarette combined with dry conditions are to blame. One firefighter suffered from minor smoke inhalation.More >>
  • A warning for bird watchers: Give eagles space

    A warning for bird watchers: Give eagles space

    Wednesday, April 23 2014 11:44 PM EDT2014-04-24 03:44:36 GMT
    Bird watchers are being reminded to give nesting bald eagles plenty of space. The Vermont Fish Wildlife Department is urging anyone who sees a nesting eagle not to get closer than 300 feet. Activity too close to their nest can result in them abandoning their young. Harassing a bald eagle is illegal and a violation of the state endangered species statute.More >>
    Bird watchers are being reminded to give nesting bald eagles plenty of space. The Vermont Fish Wildlife Department is urging anyone who sees a nesting eagle not to get closer than 300 feet. Activity too close to their nest can result in them abandoning their young. Harassing a bald eagle is illegal and a violation of the state endangered species statute.More >>
  • Gun fired into New Haven home

    Gun fired into New Haven home

    Wednesday, April 23 2014 11:44 PM EDT2014-04-24 03:44:48 GMT
    Police are searching for who fired a gun into a home in New Haven. It happened late Tuesday night at 2420 Munger Street. Police say a bullet passed through a window of the home. Luckily no one was hurt. Investigators say a stop sign at the intersection of Munger Street and Cobble Road had also been shot. Anyone with information should call state police.More >>
    Police are searching for who fired a gun into a home in New Haven. It happened late Tuesday night at 2420 Munger Street. Police say a bullet passed through a window of the home. Luckily no one was hurt. Investigators say a stop sign at the intersection of Munger Street and Cobble Road had also been shot. Anyone with information should call state police.More >>
  • What triggered a shooting inside the Bennington police station?

    What triggered a shooting inside the Bennington police station?

    Wednesday, April 23 2014 6:57 PM EDT2014-04-23 22:57:35 GMT
    A Bennington man is in stable condition after being shot by an officer inside the Bennington Police Department. Investigators say Gregory Filo had a knife and was behaving erratically.More >>
    A Bennington man is in stable condition after being shot by an officer inside the Bennington Police Department. Investigators say Gregory Filo had a knife and was behaving erratically.More >>
  • Former Fortune 500 exec indicted in fatal NH crash

    Former Fortune 500 exec indicted in fatal NH crash

    A New Hampshire grand jury has indicted a former Fortune 500 executive on second-degree murder charges in connection with a crash that killed a Vermont couple in December.More >>
    A New Hampshire grand jury has indicted a former Fortune 500 executive on second-degree murder charges in a crash that killed a Vermont couple in December.More >>
Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and WCAX. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service.