Washington, D.C. (PRWEB) March 21, 2013
The U.S. Supreme Court is considering the concept of limits on patients’ generic drug lawsuits during arguments on Tuesday, March 19.* The Court’s eventual decision could give patients injured by generic medications the right to sue generic manufacturers. Currently, only original, brand-name drug manufacturers can sued. The Rottenstein Law Group, which represents clients in drug injury lawsuits, notes the divergent messages the Court presented.
According to a Bloomberg report, the Supreme Court justices suggested both a narrow ruling that could have state-level impact while also at times leaning toward a sweeping measure that could affect the U.S. Food and Drug Administration’s regulatory abilities.
Two years ago, the Supreme Court ruled that generic companies could be shielded from “failure to warn” claims, said Rochelle Rottenstein, principal of the Rottenstein Law Group. When a federal appeals court upheld a $21 million jury award to Karen Barrett of New Hampshire,** Rottenstein said, it circumvented the 2011 ruling. Barrett had sued Mutual Pharmaceuticals of Philadelphia after she developed Stevens-Johnson Syndrome, which rendered her blind and caused her skin to peel off following the use of the generic drug sulindac, according to Reuters.
“The First Circuit asserted that Barrett’s case centered on the harm of the drug itself and not the drug’s warning labels,” Rottenstein said. “The 2011 Supreme Court ruling (PLIVA v. Mensing) was based on the failure to warn of risks because generic drug makers are legally required to use the same labels as brand-name manufacturers.”
That distinction between labelling and inherent risk has the potential to make waves in the generic drug industry, Rottenstein said.
“If the Supreme Court upholds the ruling, it would open the door for claims against generic drug manufacturers,” Rottenstein said. “Overturning the appeals court ruling would, of course, shield generic drug manufacturers from claims related to drug defects.”
The Rottenstein Law Group’s Dangerous Drugs page at http://www.rotlaw.com/lawsuits/dangerous-drugs/ provides more information on drug side effects, news and lawsuits.
About THE ROTTENSTEIN LAW GROUP
The Rottenstein Law Group is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices. (Attorney advertising. Prior results do not guarantee a similar outcome.)
The Rottenstein Law Group, LLP
Rochelle Rottenstein, Esq.
321 W. 44th Street
New York NY 10036
(212) 933-9500 (office phone)
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rochelle (at) rotlaw (dot) com