5 October 2013

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 October 5, 2013
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generic medicationsIn a surprising turn of events, the Supreme Court ruled that generic drug makers cannot be sued for adverse reactions to their products. This ruling was seen by many consumer advocates as a blow to the patient’s safety.

What company was involved in the case?

The court ruled in favor by means of a five to four vote in favor of Mutual Pharmaceutical Co., which is owned by Pharmaceutical Industries.

They overturned a previous ruling, which would have had the company paying out multi-millions of dollars to a patient in New Hampshire. The patient in question sued for damages related to injuries that were claimed to be caused by a generic drug.

What other cases was the ruling based on?

In 2011, the Supreme Court ruled that although pharmaceutical companies who made name brand drugs are liable for inadequacies regarding safety warnings on the products’ labels, makers of generic drugs were not.

More details about the Mutual Pharmaceutical ruling:

The Mutual Pharmaceutical Company successfully had a ruling overturned that would have had them pay out $21 million to Karen Bartlett, a woman who took Merck, which is Mutual’s generic non-steroidal anti-inflammatory drug. The ruling overturned a state ruling declaring that the federal law trumped the state law.

What does the general public think of this most recent ruling?

Public Citizen, which is a consumer watchdog group, says the Supreme Court’s decision undermines patient safety at a time when 80 percent of U.S. prescriptions are being filled with generic medications.

Public Citizen’s director Michael Carome has the following to say about the ruling: “Today’s court decision provides a disincentive for generic makers of drugs to monitor safety in regards to their products and to make sure they have a surveillance system in place to detect adverse events that pose a threat to patients.”

You May Need Help from a Personal Injury Lawyer

If you or someone you love have become the victim of a dangerous or defective drug and are considering a defective drug lawsuit, call a Tampa personal injury lawyer Abrahamson & Uiterwyk at 1-800-753-5203 for a free initial consultation.

Because of the fact that cases involving defective drug injuries may be highly complex and exceedingly specific, our law firm commonly works with other law firms who have considerable experience in each particular case type. Thus, we may be referring these types of cases to a separate firm, with whom we typically associate and work with on a co-counsel basis.