Generic Drug Lawsuits: Bernstein Liebhard LLP Comments on Supreme Court Case that May Further Shield Generic Manufacturers from Liability for Defective Drugs

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The Firm is currently investigating lawsuits on behalf of individuals injured as a result of drug side effects, including those caused by Fosamax.

Bernstein Liebhard LLP | Consumer Injury Lawyers
A decision in favor of generic drug makers will close off the last remaining legal avenue open to victims of of defective generic medications.

Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices, including dozens of women in Fosamax lawsuits, is carefully monitoring an important case now before the U.S. Supreme Court that will ultimately determine whether patients harmed by generic medications will be able to pursue product liability claims against generic drug makers. The case before the Court involves a $21 million judgment awarded to the victim of side effects caused by a generic version of sulindac. While the Supreme Court’s 2011 decision in Pliva vs. Mensing barred the plaintiff from bringing a failure-to-warn claim against the maker of the drug, the First U.S. Circuit Court of Appeals in Boston upheld the judgment on the basis of her design defect claim. The High Court, which heard oral arguments on the matter yesterday, must now decide if design defect claims are also pre-empted under federal law. (Mutual Pharmaceutical Co. v. Bartlett, 12-142.)

“The importance of this case cannot be understated. We’ve already seen numerous lawsuits involving generic drugs dismissed because of the Mensing decision. A decision in favor of generic drug makers will close off the last remaining legal avenue open to victims of of defective generic medications,” says Bernstein Liebhard LLP. The Firm offers free legal evaluations to individuals who have allegedly suffered injuries due to Fosamax and other medications.

Generic Drug Lawsuits
Under U.S. Food & Drug Administration (FDA) regulations, generic drugs are required to carry the very same label warnings as name-brand versions. In 2011, the U.S. Supreme Court ruled in Pliva vs. Mensing that manufacturers of generic medications could not be held liable for failing to warn patients about their risks since they have no control over the content of the drug’s labels. (Pliva v. Mensing, 131 S. Ct. 2567 (2011)) According to a report published by the New York Times in the wake of the Mensing decision, lawsuits involving generic versions of have since faced dismissal in courts throughout the country.**

According to a report from, during yesterday’s oral arguments, Justices Sonia Sotomayor, Elena Kagan and Ruth Bader Ginsburg appeared skeptical of arguments that favored generic drug makers. “You’re basically saying the minute that the FDA gives you permission to sell, it’s a right to sell,” Justice Sonia Sotomayor told a lawyer for the Justice Department, which has come down on the side of the generic drug industry. “And it can’t be altered by any state police power.” However, Chief Justice John Roberts and Justice Antonin Scalia both questioned whether juries should be in the position of second-guessing the FDA. The Supreme Court is expected to announce its decision in the Bartlett case in June.*

Victims of injuries caused by defective drugs may be entitled to compensation for medical bills, lost wages, pain and suffering and other damages. To learn more about Fosamax lawsuits, as well as litigation involving other medications, please visit Bernstein Liebhard LLP’s website, For additional information, contact a lawyer at Bernstein Liebhard LLP today at (877) 779-1414.



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, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 10 consecutive years.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016
(877) 779-1414

ATTORNEY ADVERTISING. © 2013 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information:

Felecia L. Stern, Esq.
Bernstein Liebhard LLP

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