The U.S. Supreme Court enters its third term on Monday,
October 6, and the calendar has a series of hot topics at this moment, such as the
damages awarded by courts against drug or cigarette companies. The stakes for
this term involve lawsuits of millions of dollars, including the case of drugmaker Wyeth, which has been ordered to pay significant damages to Diana Levine.
The Vermont musician sued the drug company after she received
treatment with one of their drugs, Phenergan, in 2000. The drug, which was
administered through IV-push, was supposed to relief her nausea, but instead, due
to being improperly injected, it forced doctors to amputate her arm.
Wyeth lost the suit filed by the Vermont musician after the
jury found them guilty of not warning doctors about the risk of Phenergan
intravenous injections. On the other hand, the drugmaker argued that the label
had FDA’s approval, which should have been taken into consideration.
The drugmaker argues in its appeal that the federal Food and
Drug Administration should be the only one to decide whether drug labels have
been properly written, instead of a jury that can only take into consideration
individual arguments of the drugs in question. This would help drugmakers defend
their case against customer claims that can reach millions of dollars in
damages.
Another case on the Court’s agenda involves cigarette
advertising, which consumers claim have been deceiving. Tobacco companies have
had to deal with a series of legal challenges from consumers who claimed the ads
to “light” cigarettes are misleading people into thinking they are safer than
regular cigarettes. On the other hand, cigarette companies claim that the
labels are compliant with the Food and Drug Administration requirements.
Moving on to more religious matters, the Court will also
review the case of a religious display by a newly formed religious group
entitled Summum in a public park in Pleasant Grove City, Utah. City representatives
have asked the court to renew their decision against Summum, after a federal
appeals court ruled that the city broke Summum’s right to free speech.
The Court is also expected to rule in the case of the
Muslims imprisoned after the September 11 attacks, and decide whether they can
sue former Attorney General John Ashcroft and others for harsh treatment and
violating their rights.
The case of the navy sonar is still on the agenda, as the
Court is asked to revise the decision of limiting its use off the Southern
Coast of California, in order to protect marine mammals from being harmed. The Bush
administration has argued that the decision decreases the United State’s
ability to efficiently defend against a possible attack. Wildlife organizations
on the other hand have argued that there is no imminent danger that would
require the navy to extensively use the sonar for training.
The list of cases the Supreme Court is set to review in the
third term may not be as impressive as the one in the previous term, but it covers a wide range
of domains, from health, to people's rights, to animal rights, and even to
celebrities' rights... of using dirty words on TV.