Supreme Court arguments regarding action that consumers listen to the damage allegedly caused by the generic drugs Sue could tell Parker Waichman LLP

19th (PRWEB) March 2013 Parker Waichman LLP, a national law firm dedicated to protecting the rights of injured victims of defective drugs, is comment...


19th (PRWEB) March 2013

Parker Waichman LLP, a national law firm dedicated to protecting the rights of injured victims of defective drugs, is commenting on the latest developments in Bartlett v. Mutual Pharmaceutical Company, U.S. Supreme Court, No. 12-142, An action in which the plaintiff alleged violations of sulindac, a generic version of the steroidal anti-inflammatory drugs (NSAIDs), Clinoril. According to a Reuters report on 18 Was published in March 2013, Mutual Pharmaceutical Co. has asked the High Court, given a $ 21 million judgment plaintiff Karen Bartlett, who caused crash trying sulindac claiming a severe form of Stevens-Johnson syndrome. The Supreme Court was to hear arguments in the case yesterday, Reuters reported.

http://www.reuters.com/article/2013/03/18/us-usa-court-generics-idUSBRE92H09Y20130318

At its difficult for the consumer to sue over alleged violations of generic, Matthew J. McCauley, Senior Litigation Counsel says Parker Waichman LLP. Help decide the outcome of this case future litigation over generic medications. The national injury law firm offers free legal advice to patients allegedly injured defective drugs and medical devices.


According to Reuters

Mutual Pharmaceutical Co. has asked the Supreme Court to overturn the $ 21 million to plaintiffs Karen Bartlett on their generic drugs sulindac. Bartlett claimed sued the company in 2008 that the NSAID medication. Severe form of Stevens-Johnson syndrome, a rare hypersensitivity reaction, which allegedly caused her skin to peel off, causing burn-like lesions over two-thirds of her body Reuters reports that about it for almost two months in a hospital burn unit and has 13 eye surgeries, allegedly because sulindac. Their lawsuit alleges that the reaction left her nearly blind. With scarred lungs and a narrowed esophagus, which makes it hard to swallow The jury awarded them with $ 21 million after two-week trial.

Reuters reports that Mutual tried to overturn the award, arguing that federal law prevents lawsuits like Bartletts, because the manufacturers of generic drugs are required to wear the same design and label as their brand-name counterparts. Bartlett’s claim circumvented this restriction by claiming that sulindac itself was inherently dangerous and defective. Mutual cited the case of PLIVA, Inc. v. MENSING (Nos.09-993, 09-1039 and 09-1501), which means that generic drugmakers could not be held liable for alleged violations are excluded because they are not responsible for what is drugs on the safety label, the company claims that this logic to the design of the product and applies. However, Mai decided unanimously three judges of the first Circuit Court of Appeals in Boston, that the scheme is not to assert claims design defects. Mutual has stopped production and sale of the drug, have the court ruled. Reuters reports that the U.S. Food and Drug Administration (FDA) received reports of adverse skin reactions associated with sulindac.


can be crucial

outcome of the proceedings to determine whether generic makers are liable for alleged violations by their drugs, according to Reuters. About 80 percent of prescriptions are filled in the U.S. generic. Even if a doctor prescribed a brand name drug, state laws allow pharmacists automatically replace it with a generic. It is much harder for consumers to sue for generics makers if the court finds that state requirements are superseded by federal law.

Parker Waichman LLP is a leading mass tort, environmental damage and personal injury law firm that represents plaintiffs in personal injury lawsuits nationwide. The company has offices in New York, Long Iceland, New Jersey, Washington, DC and Florida. For more than two decades, Parker Waichman LLP has assisted thousands of clients in a fair compensation from the negligence of others. For more information on Parker Waichman LLP, please visit:. Http :/ / www.yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636)

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