Navigation Links
TODAY: Press Call on SCOTUS Bartlett Generic Drug Safety Decision

WASHINGTON, June 24, 2013 /PRNewswire-USNewswire/ -- The following is being released by the American Association for Justice:

Today the U.S. Supreme Court issued another handout to the generic drug industry, shielding it from lawsuits for the design of their drugs at the cost of consumer safety.  In a 5-4 decision in Mutual Pharmaceutical Co. v. Bartlett the Court, once again, let a generic drug manufacturer off the hook for the safety of the drugs they produce.  

Despite lower court rulings in favor of Karen Bartlett that the drug she took is an unreasonably unsafe drug, SCOTUS sided with Mutual and decided that they cannot be held responsible for the design of their drugs.

WHAT:    Press call on SCOTUS decision in Mutual Pharmaceutical Co. v. Bartlett

WHEN:    TODAY, Monday, June 24, 2013, at 2:30 p.m. EDT

Lou Bograd with the Center for Constitutional Litigation
Allison Zieve with Public Citizen
Sue Steinman with the American Association for Justice
David Fredrick argued this case for Bartlett in front of SCOTUS

CALL-IN #: 1-800-434-1335; Conference Code: 971187#

The Facts

  • Generic drug corporations are off the hook from legal accountability due to the U.S. Supreme Court case Pliva v. Mensing.  [U.S. Supreme Court]
  • Nearly 80 percent of all prescriptions in the U.S. are filled with the generic version of a drug.  [U.S. Food and Drug Administration]
  • Half of all black box warnings on drugs introduced after 1975 were added after the drug had received FDA approval and been on the market for seven years.  [The Journal of American Medical Association]

Mutual Pharmaceutical Co. v. Bartlett (argued March 19, 2013)

  • Karen Bartlett, of Plaistow, N.H, was prescribed a drug for shoulder pain that was filled with generic sulindac. 
  • Soon after, two-thirds of her skin began shedding off and she spent months in a burn unit in a medically induced coma. 
  • She endured 13 eye surgeries and numerous cornea implants. 
  • She now has trouble walking, is legally blind and will need care for the rest of her life due to Stevens-Johnson syndrome which she developed as a result of taking the generic drug.
  • Lower courts concurred sulindac was unreasonably dangerous compared to similar drugs, awarding Karen $21 million in damages for her injuries. 
  • Mutual argued it is only making a copy of the brand drug, and therefore it has no legal responsibility for its design or safety.

AAJ filed comments in support of Public Citizen's citizen petition asking the FDA to address the Mensing decision.  Public Citizen also issued a new report today highlighting how many potential hazards are not discovered until years after drugs have been on the market and the risk this poses to patients.

For more information on generic drugs, please visit

As the world's largest trial bar, the American Association for Justice (formerly known as the Association of Trial Lawyers of America) works to make sure people have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others--even when it means taking on the most powerful corporations. Visit

SOURCE American Association for Justice
Copyright©2012 PR Newswire.
All rights reserved

Related medicine technology :

1. The Zacks Analyst Blog Highlights: Walgreens, Express Scripts Holding, Haemonetics, ResMed and Eli Lilly
2. Lexicon Presents Data at the American Diabetes Association Meeting On Blood Pressure Reduction and Weight Loss In Clinical Trial of LX4211
3. Endeavor Power Corporation Issues Corrections on two of its earlier Press Releases dated January 9, 2013 and March 8, 2013
4. Marketing Services Groups Face Constant Pressure to Evaluate and Evolve their Organization
5. NeuroSigma Launches Dedicated Website to Introduce Its Monarch eTNS System for Epilepsy and Depression
6. Astute Medical, Inc. patrocinerà il simposio informativo presso il meeting sulla nefrologia in terapia intensiva
7. Pressure BioSciences Announces Core Technology Breakthrough
8. Charlotte Based Compression And Vacuum Therapy Technology Helps Train Cyclist In Race Across America
9. Pressure BioSciences, Inc. to Present at the Marcum MicroCap Conference
10. Net Medical Xpress Announces Acquisition of Telemedicine Staffing Company
11. Generex Announces ASCO Presentations on the Antigen Express Advanced Stage AE37 Cancer Vaccine
Post Your Comments:
(Date:11/26/2015)... , November 26, 2015 /PRNewswire/ ... --> adds "Global ... and "Investigation Report on China Repaglinide ... 2021 forecasts data and information to ... . --> ...
(Date:11/25/2015)... Nov. 25, 2015 ... of the "Global Brain Monitoring Devices ... --> ) has announced ... Monitoring Devices Market 2015-2019" report to ... Markets ( ) has announced the ...
(Date:11/25/2015)... 25, 2015 AAIPharma Services Corp./Cambridge Major ... at least $15.8  Million to expand its laboratories ... . The expansion will provide additional office ... growing demands of the pharmaceutical and biotechnology markets. ... will provide up to 40,000 square feet of ...
Breaking Medicine Technology:
(Date:11/28/2015)... ... , ... Pixel Film Studios is back again with ProPanel: Pulse . ... endless. Users have full control over angle of view, speed method, start point, end ... to get heads to turn. , ProPanel: Pulse offers fully customizable pulsating shape masks, ...
(Date:11/27/2015)... ... ... According to an article published November 15th by ABC News, ... in light of the recent terrorist attacks in Paris, other cities are taking extra ... from reaching U.S. soil. Especially around special events that may be high-profile in nature, ...
(Date:11/27/2015)... , ... November 27, 2015 , ... ... the toilets were," said an inventor from Hillside, N.J. "Many people catch diseases ... cover so that individuals will always be protected from germs." , He developed ...
(Date:11/27/2015)... ... , ... MPWH, the No.1 Herpes-only dating community in the world, revealed that over 50% of ... than 3.7 billion people under the age of 50 – or 67% of the population ... global estimates of HSV-1 infection . , "The data shocks us highly!" said Michelle ...
(Date:11/27/2015)... ... November 27, 2015 , ... The ... prided itself for not only fulfilling the needs of advisers and clients but ... affordable price and providing top-tier customer service. However, there's always room for improvement, ...
Breaking Medicine News(10 mins):