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Richard W. Schulte of Wright & Schulte LLC: a Tireless Fighter for Victims of Generic Drug Labeling Practices
Date:4/18/2013

Dayton, OH (PRWEB) April 18, 2013

Richard W. Schulte, a partner with the experienced drug injury firm of Wright & Schulte LLC, continues his fight on behalf of victims of generic drug injuries, the Firm reports. On March 14th, the Sixth Circuit Court of Appeals ruled that a woman being represented by Richard Schulte could proceed with her state failure to warn claim against Pliva, Inc. for injuries she allegedly suffered due to the company’s generic version of the drug metoclopramide. According to Wright & Schulte, numerous courts have dismissed state law failure to warn claims filed against generic drug makers, following the U.S. Supreme Court’s 2011 decision in Pliva vs. Mensing, which found that such claims were pre-empted by federal law. (Pliva, Inc. v. Mensing 131 S. Ct. 2567) The recent Sixth Circuit decision in the generic metoclopromide case creates a narrow exception to the pre-emption defense established by the Mensing decision. (Fulgenzi v. Pliva, Inc. Case No. 12 - 3504, 6th Cir.)

According to the Sixth Circuit ruling, the client represented by Richard Schulte allegedly suffered tardive dyskinesia, a repetitive movement disorder, as a result of using Pliva’s metoclopromide between 2004 and 20
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