The Court’s discussion pertaining to generic drug cases was especially timely, as the FDA is currently considering new rules that could ultimately restore consumers’ rights to pursue certain types of legal claims against generic manufacturers.
New York, New York (PRWEB) April 26, 2015
A Case Management Conference was convened on April 21, 2015 in the U.S. District Court, Northern District of Illinois, where hundreds of federally-filed testosterone lawsuits (http://www.testosteronelawsuithub.com/) have been consolidated for the purposes of coordinated pretrial proceedings. According to court documents, matters addressed included the intention of certain generic drug defendants to seek dismissal of claims involving their products on preemption grounds, with the Court directing that their motions be filed no later than May 15th, 2015. Plaintiffs’ responses are due by June 15th, and replies are due by June 30th. (In re: Testosterone Replacement Therapy Product Liability Litigation - MDL No. 2545)
“As our Firm is representing clients in this proceeding, we are pleased that the litigation continues to move forward. The Court’s discussion pertaining to generic drug cases was especially timely, as the FDA is currently considering new rules that could ultimately restore consumers’ rights to pursue certain types of legal claims against generic manufacturers,” says Sandy A. Liebhard, a partner at Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm continues to offer free case reviews to men who allegedly experienced heart attacks, strokes and dangerous cardiovascular side effects due to low testosterone treatments.
Court records indicate that just under 1,400 testosterone lawsuits are currently pending n the Northern District of Illinois against the manufacturers of generic and name-brand testosterone replacement medications. All of the complaints were filed on behalf of men who allegedly experienced heart attacks, strokes and other life-threatening cardiovascular events due their use of the drugs.
The U.S. Food & Drug Administration (FDA) currently bars generic drug manufacturers from adding new safety warnings to their product labels on their own, as their medications must carry labels identical to their name brand counterparts.* In 2011, the U.S. Supreme Court ruled that state law failure-to-warn claims against generic manufacturers were preempted because they are unable to control the content of their product labels. (Pliva v. Mensing, 131 S. Ct. 2567 (2011))
According to court documents, a Joint Status Report submitted in the federal testosterone litigation prior to the April 21st conference indicated that generic defendants will move the Court to dismiss failure-to-warn claims involving their medications in accordance with the preemption doctrine set forth by the 2011 U.S. Supreme Court decision.
The FDA is currently considering new regulations that would allow generic manufacturers to make changes to their drugs’ labels whenever they become aware of new safety data. However, the agency’s proposal is being strongly contested by the pharmaceutical industry.* Consumers may comment on the FDA’s proposed regulations until April 27th.
“It is our hope that the public will take this opportunity to urge the FDA to restore their rights, as the ability to pursue failure-to-warn claims provides pharmaceuticals companies with a strong incentive to monitor and adequately warn patients about safety risks. If the FDA’s proposal is enacted, future generic drug plaintiffs may be spared the dilemma that is currently facing those involved in the federal testosterone litigation,” says Sandy A. Liebhard.
Men who allegedly suffered heart attacks, strokes, deep vein thrombosis, pulmonary embolism or other serious cardiovascular events due to their use of low testosterone therapy may be eligible for compensation for medical bills, lost wages and other injury-related damages. To learn more about filing a testosterone treatment lawsuit, please visit Bernstein Liebhard LLP's website. Free, no-obligation legal consultations can be obtained by calling 800-511-5092.
*nytimes.com/2015/03/28/science/makers-of-generic-drugs-challenge-fda-plan-for-updated-warnings.html, The New York Times, March 28, 2015
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. The National Law Journal has recognized Bernstein Liebhard for twelve consecutive years as one of the top plaintiffs' firms in the country. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.
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ATTORNEY ADVERTISING. © 2015 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, 800-511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter.
Sandy A. Liebhard, Esq.
Bernstein Liebhard LLP
info (at) consumerinjurylawyers (dot) com