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 Grou
'/>"/>

Source: PRWeb
Copyright©2012 Vocus, Inc.
All rights reserved

Page: 1 2

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:9/20/2014)... Recently, Best Cheap Hosting USA ... its new website. The new site provides the ... products for customers. Here, people can find a ... decision. Also, it has recommended some excellent web ... of the great web hosting suppliers, InMotion ( ...
(Date:9/20/2014)... Recently, UWDress.com, an innovative company that ... occasion outfits, has launched a special offer for its ... are popular among worldwide clients. Now, all the company’s ... dresses on its website. , Additionally, the firm ... the world. Great custom made items can be ordered ...
(Date:9/20/2014)... India (PRWEB) September 20, 2014 RBSEO ... notch internet marketing companies, has announced it provides an ... mere $175. , This announcement would benefit those ... in the market but cannot afford to pay a ... boost the visibility of their websites in top search ...
(Date:9/20/2014)... “Motherhood is a wonderful gift and a ... their latest article , “We know that you want to ... what we want to do as well.” , The article ... expect from their Family Physicians who practice obstetrics while pregnant, ... , To learn more about Community Health Center of ...
(Date:9/19/2014)... September 20, 2014 Consistent premium ... for the Vision Insurance industry in recent years; ... detriment of industry margins. From 2009 to 2014, ... operators provide coverage for routine eye exams and ... eyeglasses, contact lens and refractive surgery. According to ...
Breaking Medicine News(10 mins):Health News:Best Cheap Hosting USA Launches Its New Website And Recommends InMotion To Worldwide People 2Health News:Discounted 2014 Prom Dresses Provided By Innovative Company UWDress.com 2Health News:RBSEO Services Announces Affordable Website SEO Service at Only $175 2Health News:Newest Article from Community Health Center of Snohomish County Highlights The Importance of Proper Health Care for Expectant Mothers 2Health News:Vision Insurance in the US Industry Market Research Report from IBISWorld Has Been Updated 2Health News:Vision Insurance in the US Industry Market Research Report from IBISWorld Has Been Updated 3Health News:Vision Insurance in the US Industry Market Research Report from IBISWorld Has Been Updated 4
... general practitioners , who were free of dementia ... years and 3 years later by means of ... alcohol consumption and DSM-IV dementia diagnoses. Associations between ... alcohol (wine, beer, mixed alcohol beverages) and incident ...
... 7, 2011 Elsevier, the leading global publisher ... announced today it has begun offering Arabic bilingual editions ... the Middle East. The first order was recently received ... one of Elsevier,s many meant to help improve the ...
... , The U.S. spends around 2 billion dollars a ... large portion of this used for groundwater monitoring. Yet ... University,s Biodesign Institute, the information gathered is often of ... grant from the U.S. Department of Defense, Halden, assistant ...
... The 2011 Sleep in America poll released today by the National ... hour before bed. It also finds that a significant number of ... searching for ways to cope. , Many Americans report dissatisfaction ... 43% of Americans between the ages of 13 and 64 say ...
... heart disease, involving scientists from the University of ... of heart attacks. Professor Nilesh Samani, British ... Leicester, based at Glenfield Hospital, who co-led the international ... genes identified were not previously known to be involved ...
... Creating a healthy eating action plan and visualizing yourself carrying ... suggest. "Telling people to just change the way they ... study author Barbel Knauper, an associate professor of psychology at ... "But research has shown that if people make a ...
Cached Medicine News:Health News:Alcohol consumption after age 75 associated with lower risk of developing dementia 2Health News:Alcohol consumption after age 75 associated with lower risk of developing dementia 3Health News:Alcohol consumption after age 75 associated with lower risk of developing dementia 4Health News:Monitoring waste in groundwater (without all the waste) 2Health News:Sleepy connected Americans 2Health News:Sleepy connected Americans 3Health News:Sleepy connected Americans 4Health News:Sleepy connected Americans 5Health News:Sleepy connected Americans 6Health News:Leicester leads on heart attack genetic link discovery 2
(Date:9/19/2014)... 19, 2014 /PRNewswire-iReach/ -- "United States ... provides key market data on the ... The report provides value, in millions ... units) within market categories – Bronchoscopes, ... & Gastroscopes, Duodenoscopes, Laparoscopes, Hysteroscopes, Sinuscopes, ...
(Date:9/19/2014)... , Sept. 19, 2014  The board of directors ... a quarterly cash dividend of $0.42 per share.  ... 2014 to stockholders of record at the close of ... AbbVie is a global, research-based biopharmaceutical company formed in ... to use its expertise, dedicated people and unique approach ...
(Date:9/19/2014)... -- 4WEB Medical announces the formal launch of the ... on the market today at this weekend,s American ... Chicago .  The Osteotomy Truss System is a ... 74 size options included in one versatile set. Previously ... to 18 implant sizes, which limited a surgeon,s ability ...
Breaking Medicine Technology:United States General Surgery Devices Market to 2020 - Endoscopy, Bariatric Surgery, Aesthetic Lasers and Energy, Biopsy Devices, Hernia Repair, Non-Vascular Stents 2United States General Surgery Devices Market to 2020 - Endoscopy, Bariatric Surgery, Aesthetic Lasers and Energy, Biopsy Devices, Hernia Repair, Non-Vascular Stents 3United States General Surgery Devices Market to 2020 - Endoscopy, Bariatric Surgery, Aesthetic Lasers and Energy, Biopsy Devices, Hernia Repair, Non-Vascular Stents 4United States General Surgery Devices Market to 2020 - Endoscopy, Bariatric Surgery, Aesthetic Lasers and Energy, Biopsy Devices, Hernia Repair, Non-Vascular Stents 54WEB Medical Unveils 3D-Printed Osteotomy Truss System 2
The most comfortable and easy to use apron in the industry. This front protection apron comes with a fully adjustable snap-on 5" orthopedic belt to relieve weight off your shoulders. Velcro strap acr...
Unique criss-cross strapping. The MSV-10 is our most popular model. Extra wide Velcro ensures a wide variety of adjustments and easy closing....
Designed to be removed from under surgical gown without compromising sterile fields. Two straps criss-cross in the back and attach with velcro in the front....
Weight is evenly distributed by fully adjustable velcro straps that cross in the back. Adjustable back velcro keeps apron snug....
Medicine Products: