Supreme Court decision on lawsuits generic Could big impact, says Rottenstein Law Group

New York (PRWEB) 18 March 2013 The U.S. Supreme Court heard arguments this week that patients injured by their generic medications the right to sue w...


New York (PRWEB) 18 March 2013

The U.S. Supreme Court heard arguments this week that patients injured by their generic medications the right to sue where previously only original manufacturer could be held liable could give. The Rottenstein Law Group, the customer side effects of drugs represents actions, monitoring methods, as progress is.

Karen Barrett of New Hampshire sued Mutual Pharmaceuticals of Philadelphia after sulindac Stevens-Johnson syndrome, which developed and rendered her blind to where her skin began to fall after the use of the generic drug, the company produces, according to Reuters . * A jury awarded her $ 21 million, which confirms an appeal court.

If the Supreme Court confirmed the judgment of the lower courts, it would open the door for claims against generic drug manufacturers, said Rochelle Rottenstein, Rector of Rottenstein Law Group, the customer side effects of drugs represents lawsuits.

This would be a reversal of a 2011 Supreme Court ruling (PLIVA v. Mensing), in which the Court ruled that generic manufacturers could not be sued for failing to warn about certain health risks, because federal law requires generic drugs have the same wear Label as their brand-name counterparts, rotting Stone said.

Bartlett case able to avoid this fate was, was by an argument that sulindac was inherently flawed by design, based on a greater number of adverse events associated with the skin side effects, according to Reuters. Mutual argues that by the law. Because they have to keep to the original design of drugs, their hands were tied But according to the article, a Boston appeals court ruled the company could have simply stopped the drug.

But if the Supreme Court finds that product defect claims not permitted under state law by federal law, it is almost impossible for plaintiffs who have been harmed by their prescriptions to sue generic drug manufacturers, rotting Stone said. This would be worrisome because patients are often prescribed brand-name drugs with generic medications at the end, because of concerns insurance policies or the cost.

reuters.com/article/2013/03/18/us-usa-court-generics-idUSBRE92H09Y20130318 *

the ROTTE STONE LAW GROUP

The Rottenstein Law Group is a New York-based company that provides customers nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, representing more than two decades of experience as a lawyer, the client injured by defective medical devices. (Attorney advertising. Prior results do not guarantee a similar result.)

contact:

The Rottenstein Law Group, LLP

Rochelle Rottenstein, Esq.

321 W. 44th Street

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