SmartBrief
0
Confirm favorite deletion?
Administrative Law Keyed to Popper
Wyeth v. Levine
Citation:
555 U.S. 555 (2009)Facts
Diana Levine, a professional musician, received Phenergan to treat nausea associated with a migraine headache. The drug was administered through the “IV-push” method, whereby it was injected directly into her vein. Either the needle penetrated an artery or the drug escaped from the vein into surrounding tissue, coming in contact with arterial blood. This caused gangrene, requiring amputation of her right hand and eventually her entire forearm. Phenergan’s FDA-approved label contained warnings about the risk of gangrene and amputation following inadvertent intra-arterial injection, but did not specifically contraindicate the IV-push method. Levine sued Wyeth, claiming that the labeling was defective because it failed to instruct clinicians to use the IV-drip method instead of the higher-risk IV-push method. Wyeth argued that federal law preempted Levine’s state-law claims because the FDA had approved Phenergan’s label.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.