Navigation Links
U.S. Supreme Court Rules Generic Drug Makers Can’t Be Sued for Design Defects Under State Law, Rottenstein Law Group LLP Reports
Date:6/24/2013

(PRWEB) June 24, 2013

On June 24 the U.S. Supreme Court ruled 5-4 that makers of generic drugs can’t be held liable under state laws for the design defects of the drugs they manufacture. The Rottenstein Law Group LLP, which represents clients in drug injury lawsuits, is disappointed with the ruling, but emphasizes that this ruling does not affect those who believe they were injured by their brand-name drugs.

In its ruling in Mutual Pharmaceutical Co., Inc. v Bartlett,* the Court said that federal law and regulations preempt the state-law design-defect claim of victim Karen Bartlett, who alleged that she developed disfigurements related to toxic epidermal necrolysis (TEN) after taking sulindac, the generic form of the drug Clinoril she was prescribed in 2004. Sulindac manufacturer Mutual, as with other generic drug makers, is required by law to make generic drugs the same as their brand-name counterparts and to maintain the same warning labels. In this instance, Mutual did not include a warning about TEN on the sulindac label because the original drug’s label did not have the warning. It was not until 2005 that the U.S. Food and Drug Administration recommended changing all labeling for sulindac-type drugs to reflect the TEN risk.

“This is certainly not the ruling we would have hoped for,” said Rochelle Rottenstein, principal of the Rottenstein Law Group LLP. “But anyone who believes he or she has been harmed by a medication should speak to a lawyer to determine whether there is a viable claim to be made.”

Bartlett had originally sued Mutual in New Hampshire state court, but Mutual removed the case to federal court, according to the ruling. The federal jury awarded Bartlett $21 million, which was affirmed in the appeals court. The Supreme Court was the next court to consider the case.

The Rottenstein Law Group LLP’s Dangerous Drugs page provides more information on drug side effects, news and lawsuits.

*http://www.supremecourt.gov/opinions/12pdf/12-142_8njq.pdf

For the latest news on defective medications and medical devices and related lawsuits, visit the Rottenstein Law Group LLP’s Injury Lawyer Newswire at injurylawyernewswire.com. Readers can subscribe to the news site’s stories and videos to stay on top of personal injury news.

About THE ROTTENSTEIN LAW GROUP LLP
The Rottenstein Law Group LLP is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices and medications. (Attorney advertising. Prior results do not guarantee a similar outcome.)

Contact:
The Rottenstein Law Group LLP
Rochelle Rottenstein, Esq.
321 W. 44th Street
# 804
New York NY 10036
(212) 933-9500 (office phone)
(212) 933-9980 (facsimile)
rochelle (at) rotlaw (dot) com

                            ###

Read the full story at http://www.prweb.com/releases/generic-drugs-lawsuits/supreme-court-ruling/prweb10864294.htm.


'/>"/>
Source: PRWeb
Copyright©2012 Vocus, Inc.
All rights reserved

Related medicine news :

1. America Awaits Supreme Courts Ruling on Health Care Reform
2. Supreme Court Surprises in Citizens United Montana Case, Delays Order
3. Supreme Court Backs Much of Controversial Health Reform Law
4. Coral Calcium Company Announces New Offer Amidst Supreme Court Healthcare Decisions
5. Supreme Court Ruling Sets Stage for Full Rollout of Health-Care Reform Law
6. Cell Phone Radiation Lawsuit Update: ICEMS Position Paper Supports Italian Supreme Court Ruling on Cell Phones and Brain Tumors, Bernstein Liebhard LLP Reports
7. Human Gene Patent Case Goes to Supreme Court
8. U.S. Supreme Court Rejects Challenge to New Cigarette Labeling
9. New York Law Journal Releases Top Medical Malpractice Case for 2012: NY Supreme Court Awards $8.6 Million to Plaintiff after Doctor's Misdiagnosis Led to Personal Injury
10. Mirena IUD Lawsuit Update: Supreme Court of New Jersey Centralizes Litigation; Parker Waichman LLP Underscores the Advantages of this Decision
11. U.S. Supreme Court Invalidates Patents on Breast and Ovarian Cancer Genes
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:6/27/2016)... ... June 27, 2016 , ... ... authorized OSHA Training Institute Education Center headquartered in Northern California, has issued an ... extreme heat at their worksites. Employers with workers exposed to high temperatures ...
(Date:6/27/2016)... ... 27, 2016 , ... "FCPX editors can now reveal their media with growing ... said Christina Austin - CEO of Pixel Film Studios. , ProSlice Color brings ... users can now reveal the media of their split screens with growing colorful panels. ...
(Date:6/27/2016)... ... June 27, 2016 , ... TherapySites, ... its affiliation with Tennessee Counseling Association. This new relationship allows TherapySites ... Tennessee Counseling Association, adding exclusive benefits and promotional offers. , "TCA is extremely ...
(Date:6/27/2016)... ... June 27, 2016 , ... ... announced its strategic partnership with Connance, a healthcare industry leader providing predictive ... proven, proprietary technology combine to provide health systems, hospitals and ambulatory surgical ...
(Date:6/27/2016)... (PRWEB) , ... June 27, 2016 , ... ... cutting edge technology to revolutionize the emergency ambulance transport experience for the millions ... aware of how Uber has disrupted the taxi industry through the use of ...
Breaking Medicine News(10 mins):
(Date:6/26/2016)... SYDNEY , June 26, 2016 One of ... , has announced the formation of a new biotechnology company, Noxopharm ... raise $6m in an IPO and to list on the ASX. ... drug candidate, NOX66, ready to enter a Phase 1 clinical study ... been designed to address one of the biggest problems facing cancer ...
(Date:6/26/2016)... June 27, 2016 Jazz Pharmaceuticals plc (Nasdaq: ... under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as ... Celator Pharmaceuticals, Inc. ("Celator"; Nasdaq: CPXX ) ... Daylight Time). As previously announced on May ... definitive merger agreement under which Jazz Pharmaceuticals has commenced ...
(Date:6/26/2016)... Ontario , June 27, 2016  VMS Rehab ... Company,s Board will take whatever measures required to build ... Company,s stock which is currently listed on the OTC ... Wexler, Company Chairman and CEO, "We are seeing an ... difficult to understand, not only by the Company, but ...
Breaking Medicine Technology: