PLAINTIFF(S)

Attorney: Richard Rubin; Barre, VT, for Diana Winn Levine

Expert: None

DEFENDANT(S)

Attorney: Joseph O'Rourke; Ryan, Smith and Carbine; Rutland, VT, for Wyeth William Hoffman; Arnold & Porter; Washington, DC, for Wyeth

Expert:

None

INSURER:

Self Insured

FACTS:

On April 7, 2000, plaintiff Diane Levine, a 55-year-old musician and record-label owner, went to Plainfield Health Center because she was suffering a migraine headache. She received an IV injection of the anti-nausea drug Phenergan and demerol. The physician's assistant who injected the Phenergan into her used a butterfly infusion set to push the injection into her artery. Levine subsequently developed necrosis and gangrene in her right arm and had to undergo two amputations. She sued Wyeth, the Madison, N.J.,-based manufacturer of Phenergan, for products liability and negligence. She claimed that instructions which came with the drug were defective because they made it appear as though the drug could be safely administered by direct IV injection. The instructions specifically stated that direct IV injection was well tolerated and could be performed safely with the right IV set. Levine argued that the only way Phenergan could be used safely was with a free flowing hanging IV set. She asserted that Wyeth knew of the risks, not to mention 20 prior cases of Phenergan injections that had resulted in amputations, and that it should have instructed consumers not to use a butterfly infusion set. Wyeth argued that the blame lay with the physician's assistant who administered the drug and who should have known not to use a butterfly infusion set. The defense argued that the FDA approved Phenergan and that the instructions clearly warned of the risks associated with the drug's use. The physician's assistant who injected the Phenergan settled a separate case Levine brought against him for an undisclosed amount.

INJURY:

Levine had to have her right (dominant) hand amputated midway up her forearm in two procedures. She sought $250,000 in damages for past medical expenses. A professional bass player, guitar player and pianist, Levine argued that she could no longer earn a living as a musician. She sought damages for future lost earnings based on her average earnings of approximately $35,000 a year. In addition, Levine can no longer operate her business because of her disability and sought $750,000 in business losses and lost earning capacity. She also sought damages for a lifecare plan, including help around the house and the cost of prosthetics, the present value of which is over $1 million. She suffers chronic pain in her amputated limb, depression, and chronic pain in her left limb, which is subject to increased deterioration because it must perform many of the tasks her right limb cannot. Levine sought damages for pain and suffering, disfigurement, and emotional distress.

VERDICT INFORMATION:

The jury found Wyeth liable and no intervening negligence on the part of the physician's assistant. It awarded Levine $7.4 million in damages.

Diana Winn Levine $2,400,000 Personal Injury: Past and Future Economic $5,000,000 Personal Injury: Non-Economic