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:6/24/2016)... ... June 24, 2016 , ... Those who have experienced traumatic events may ... to unhealthy avenues, such as drug or alcohol abuse, as a coping mechanism. To ... for healthy coping following a traumatic event. , Trauma sufferers tend to feel a ...
(Date:6/24/2016)... (PRWEB) , ... June 24, 2016 , ... Global law ... magazine’s 2016 Legal Elite. The attorneys chosen by their peers for this recognition are ... , Seven Greenberg Traurig Shareholders received special honors as members of this year’s Legal ...
(Date:6/24/2016)... ... , ... People across the U.S. are sharpening their pencils and honing their ... in which patients and their families pay tribute to a genetic counselor by nominating ... of Genetic Counselors (NSGC) Annual Education Conference (AEC) this September. , In April, ...
(Date:6/24/2016)... (PRWEB) , ... June 24, 2016 , ... ... is actively feeding the Frederick area economy by obtaining investment capital for emerging ... the past 2½ years that have already resulted in more than a million ...
(Date:6/24/2016)... ... 2016 , ... Advanced Plastic Surgery Institute ( http://www.advancedplasticsurgeryinstitute.com ), ... official Medspa Sponsor. Dr. Josh Olson, a board-certified plastic surgeon, owns the practice, ... says the decision to support the pageant in an official capacity is a ...
Breaking Medicine News(10 mins):
(Date:6/24/2016)... , June 24, 2016  Consumers have ... and regulators/payers have placed more emphasis on patient ... patient support programs in the pharmaceutical industry have ... medications. Consequently, pharmaceutical companies are focusing on becoming ... are providing products and services that improve health. ...
(Date:6/24/2016)... June 24, 2016 Research ... "Structural Electronics 2015-2025: Applications, Technologies, Forecasts" ... In-Mold Electronics, Smart Skin, Structural Health ... Structural electronics involves electronic and/or electrical ... structures, replacing dumb structures such as vehicle bodies ...
(Date:6/24/2016)... PUNE, India , June 24, 2016 ... "Pen Needles Market by Type (Standard Pen Needles, Safety ... 12mm), Therapy (Insulin, GLP-1, Growth Hormone), Mode of Purchase ... published by MarketsandMarkets, This report studies the market for ... is expected to reach USD 2.81 Billion by 2021 ...
Breaking Medicine Technology: