Supreme Court Denies Teva's Petition over Generic Drug Injury Lawsuit, Parker Waichman LLP Comments

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The U.S. Supreme Court has denied a petition submitted by Teva Pharmaceuticals USA Inc. in which the generic drug maker sought to challenge a lawsuit brought over generic drug injuries. Generic drug makers have been able to avoid personal injury claim; however, this may change in the future pending an FDA proposal.

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Generic manufacturers have largely been able to avoid this type of liability, but this may change if the FDA finalizes its proposal.

Parker Waichman LLP, a national personal injury law firm dedicated to protecting the rights of victims injured by defective drugs, is commenting on recent proceedings regarding a lawsuit filed against Teva Pharmaceuticals USA Inc. over generic drug injuries. According to court documents, the lawsuit contains failure-to-update claims in which it alleges that the generic drug maker is liable for drug injuries. The U.S. Supreme Court denied a petition by Teva to challenge the suit. The case is Teva Pharmaceuticals USA Inc. v. Sandoz Inc., in the United States Supreme Court, Docket No. 12-854.

According to Parker Waichman LLP, generic drug makers have mostly been able to avoid drug injury claims because they are mandated to carry the same warning label as its brand-name counterpart.

The California Court of Appeal, however, made an interlocutory decision that the lawsuit's failure-to-update claims were not preempted by federal law. Teva petitioned to have this decision reviewed, and was denied by the high court. (Teva Pharmaceuticals USA Inc. v. Sandoz Inc., in the United States Supreme Court, Docket No. 12-854.)

“Generic drug makers have been able to avoid personal injury claims; however, this may change in the future pending an FDA proposal,” said Gary Falkowitz, Managing Attorney at . Parker Waichman LLP. The Firm continues to offer free legal consultations to individuals who suffered injuries due to defective drugs and medical devices.

Court documents reveal that U.S. Solicitor General Donald B. Verrilli encouraged the Court not to be involved in this particular matter. According to the documents, part of this recommendation stems from the fact that the U.S. Food and Drug Administration (FDA) may come up with new regulations in the near future to address the problem. The Solicitor General also stated in his brief that these types of lawsuits highlight the premise that manufacturers should mostly be held responsible for information on their drug labels, not the FDA. The agency is expected to finalize a proposal that will require generic drug makers to update their warning labels based on the most recent safety information; this update would be independent of its brand-name equivalents. If the proposal is finalized, generic-drug makers may be held liable for failing to warn about injuries associated with their drugs. (Teva Pharmaceuticals USA Inc. v. Sandoz Inc., in the United States Supreme Court, Docket No. 12-854.)

“Manufacturers should be held responsible for failing to warn about a side effect associated with any of their drugs,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP. “Generic manufacturers have largely been able to avoid this type of liability, but this may change if the FDA finalizes its proposal.” Parker Waichman LLP will continue to keep the public informed of relevant proceedings involving generic drug injury claims.

Parker Waichman LLP continues to offer free legal consultations to victims who have suffered adverse health effects after using medications. If you or a loved one experienced an adverse reaction after taking a generic medication, please contact the firm by visiting its Defective Drug page at yourlawyer.com. Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).

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