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Darvone-Darvocet Failure to Warn Claims Reinstated against Generic Drug Maker Wright & Schulte LLC Report
Date:3/15/2013

Dayton, OH (PRWEB) March 15, 2013

Wright & Schulte LLC, an experienced drug injury law firm, reports that Judge Reeves reinstated failure to warn claims against aaiPharma after dismissing them last March. Judge Reeves centered his decision on a controversial 2011 ‘preemptive’ ruling by the U.S. Supreme Court that generic drug manufacturers are protected from failure to warn lawsuits because they are federally required to carry the same warning labels as their brand name counterparts. This High Court ruling allows generic drug manufacturers to avoid liability for dangerous side effects, even if the generic manufacturer knows about the dangers.

Judge Reeves also decided that his interpretation of the High Court ruling barred the plaintiffs charges of breach of implied warranty, negligent marketing, defective design, strict liability and negligent design as well, writing in his decision that generic drug makers have a ‘federal duty of sameness’ that requires generic drugs to made the same as the brand name version, which prevents them from being responsible for those charges. Judge Reeves made his ruling March 1, 2013, after the plaintiff was able to show that he consumed Darvocet while it was being manufactured by aaiPharma. (Darvocet, Darvon and Propoxyphene. Products Liability Litigation – MDL 2226)

Darvon Darvocet Multidistrict Litigation
In November 2010 the Propoxyphene painkillers Darvon and Darvocet and their generic counterparts were pulled from the market after studies found that when taken at normal dosages, the drugs were causing serious side effects in healthy people. These side effects include heart arrhythmia, heart attack and sudden death. (http://ww
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