On March 4, 2009, the United States Supreme Court decided the highly-anticipated case of Wyeth v. Levine. The Court ruled that although the Food & Drug Administration (FDA) had approved Wyeth’s label for its anti-nausea drug, Phenergan, a woman injured by the drug could still sue Wyeth in state court for negligent labeling. Wyeth argued that FDA approval gave Wyeth complete protection from tort lawsuits. The woman was a guitarist who received occasional injections of Phenergan in the buttocks to reduce nausea that accompanied her migraine headaches. On the visit giving rise to the lawsuit, the physician’s assistant used a technique known as “intravenous push,” injecting the drug directly into her vein. Galloping infection followed by gangrene developed in the women’s arm, requiring amputation. The woman sued in Vermont state court, claiming that Wyeth knew of the dangers of intravenous push of Phenergan, and that its label inadequately warned health professionals against such administration of the drug. A Vermont jury awarded her $6.2 million. The 6-3 majority in Wyeth, rejected the company’s preemption argument, declaring that the Congress intended that the FDA and state tort law co-exist, and that drug manufacturers are ultimately responsible for their labels. Interestingly, Judge Clarence Thomas, resting on his strong federalism beliefs, concurred with the majority. With the Wyeth decision, yet another attack by a giant corporation on the common man’s right to sue for corporate negligence, is beaten back.