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NECN invites David Ferrera to discuss impact of Wyeth v. Levine

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David Ferrera, a partner in the firm’s Litigation Department and chair of the Product Liability Litigation practice group, appeared on New England Cable News Business Day to discuss the oral argument of the U.S. Supreme Court case Wyeth v. Levine on November 3. Many have raised false alarms regarding a potential favorable decision for Wyeth fearing there will be a blanket immunity for drug makers from liability for injuries caused by their products. However, David points out this is a misperception given the potential narrow scope of the ruling given that at issue in this case is whether a company should change a drug label previously approved by the FDA to protect patients from certain known medical risks. David notes that if the Wyeth verdict stands, the judgment of a jury of laypeople would replace that of FDA experts regarding the appropriate labeling of a drug.
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