New York, New York (PRWEB) January 15, 2013
An Alabama Supreme Court ruling could pave the way for individuals allegedly injured by generic versions of popular medications such as Fosamax, Accutane, Darvocet and others to pursue generic drugs lawsuits against brand name drug makers, Bernstein Liebhard LLP reports. According to The New York Times, in a decision issued on July 11, 2013, the Court ruled that patients taking a generic medication can bring failure to warn claims against the brand name drug manufacturer responsible for the medications label.While the Alabama decision involved a generic version of the drug Reglan, Bernstein Liebhard LLP believes it could have nationwide implications, and pave the way for victims of generic drugs to obtain compensation for their injuries.* (U.S. District Court, Middle District of Alabama,Case No. 1:10-cv-602)
Generic versions of medications pose the same risks as their name-brand counterparts. Yet, under the current state of the law, the millions of people who take these medications have had no legal recourse for serious injuries allegedly caused by the drugs, says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices.
Generic Drug Lawsuits
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 victims of generic drug injuries could not be sued for failing to warn patients about their risks since they have no control over the content of the drugs labels. According to a report published by the New York Times in the wake of the Mensing decision, lawsuits involving generic versions of Accutane and other medications have since faced dismissal in courts throughout the country.** In July 2012, for example, the Judge overseeing federal Fosamax femur fracture lawsuits in the U.S. District Court, District of New Jersey, granted a motion filed by generic manufacturers to dismiss all claims against them that were based on failure to warn. (In re: Fosamax (Aledronate Sodium) Products Liability Litigation (No. II) MDL 2243). Last March, the judge overseeing the federal Darvon/Darvocet litigation in the U.S. District Court, Eastern District of Kentucky, also cited Mensing when he dismissed claims involving generic versions. (In Re: Darvocet, Darvon and Propoxyphene Products Liability Litigation MDL 2226)
According to The New York Times, the generic Reglan lawsuit at the center of the Alabama decision was filed in federal court. The federal court then asked the Alabama Supreme Court to determine whether a brand name drug maker could be sued in such a case. In allowing the lawsuit to move forward, the Alabama Supreme Court ruled that an omission or defect in the labeling for the brand-name drug would necessarily be repeated in the generic labeling, foreseeably causing harm to a patient who ingested the generic product.
The Alabama decision only applies to failure to warn lawsuits filed in that state. Nonetheless, Bernstein Liebhard LLP believes it may pave the way for similar rulings in other states.
Victims of defective drugs may be entitled to compensation for medical bills, lost wages, pain and suffering and other damages. Bernstein Liebhard LLP offers free legal consultations to individuals injured as a result of drug side effects, including those allegedly caused by Fosamax, Actos and Pradaxa.Learn more by visiting Bernstein Liebhard LLPs website, http://www.consumerinjurylawyers.com/. For additional information, contact a lawyer at Bernstein Liebhard LLP today at (877) 779-1414.
*nytimes.com/2013/01/12/business/court-says-pfizer-can-be-sued-by-man-who-took-generic.html?_r=0 **nytimes.com/2012/03/21/business/drug-lawsuits-hinge-on-the-detail-of-a-label.html?pagewanted=all&_r=0
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.
The rest is here:
Generic Drug Lawsuits: Alabama Supreme Court Rules Brand Name Drug Makers Can Be Sued for Generic Drug Injuries ...
- CCHR: Psychiatric Drugs Side Effects - March 14th, 2011 [March 14th, 2011]
- Senseless - March 31st, 2011 [March 31st, 2011]
- Acid Reflux Drug Side-Effects - April 3rd, 2011 [April 3rd, 2011]
- Drug Side Effects Up, But Benefits Up More - April 20th, 2011 [April 20th, 2011]
- OCD Drug Commercial Side Effects Spoof - Funny Obsessive-Compulsive Disorder Cartoon - ExoticJess - May 20th, 2011 [May 20th, 2011]
- Bipolar side effects song Dustin Prinz drugs ep - May 22nd, 2011 [May 22nd, 2011]
- Anti-Malaria Drug Side Effects on Military Personnel - Cowardice - May 23rd, 2011 [May 23rd, 2011]
- The A to Z of Drug Side Effects - June 11th, 2011 [June 11th, 2011]
- Neurologic side effects of antipsychotic medication - June 12th, 2011 [June 12th, 2011]
- Side Effects of Drugs - USE a SAFER Alternative - MD / RN - Click link at RIGHT - June 15th, 2011 [June 15th, 2011]
- Yaz | Yasmin Drug Side Effects - June 16th, 2011 [June 16th, 2011]
- Nutrition vs. Conventional Medicine - June 18th, 2011 [June 18th, 2011]
- Side Effects of Cholesterol Drugs (Lipitor) - June 21st, 2011 [June 21st, 2011]
- CCHR: Drugging Our Children—Side Effects - June 25th, 2011 [June 25th, 2011]
- Side effects of Common Arthritis Drugs.wmv - June 30th, 2011 [June 30th, 2011]
- Self Hypnosis Hallucination Video (NO SIDE EFFECTS) - July 11th, 2011 [July 11th, 2011]
- How Medicines Work: Drug Problems 3: Interactions and Substrates - July 25th, 2011 [July 25th, 2011]
- Pharmaceutical Drug Commercial Spoof - July 26th, 2011 [July 26th, 2011]
- Nick Gillespie Talks Ed Schultz, TSA v. Texas on Fox News Red Eye w/ Greg Gutfeld - July 27th, 2011 [July 27th, 2011]
- The Drugging Of Our Children (Full Length) - August 13th, 2011 [August 13th, 2011]
- HIV medicine ATRIPLA/side effects - August 17th, 2011 [August 17th, 2011]
- What are the side-effects of ADHD medications? - August 26th, 2011 [August 26th, 2011]
- Chemotherapy Cancer Treatments - August 31st, 2011 [August 31st, 2011]
- Suzy Cohen Tells You About Side Effects from Drug Muggers - September 11th, 2011 [September 11th, 2011]
- Governor Admits Past Drug Use, Now What? - September 25th, 2011 [September 25th, 2011]
- Adderall - College Student Smart Drug - September 26th, 2011 [September 26th, 2011]
- Children Drugged To Death - Channel 4 - September 26th, 2011 [September 26th, 2011]
- Mom Refuses Ritalin and Heals Her ADHD Autism Kids With Natural Medicine - September 26th, 2011 [September 26th, 2011]
- Taking the Tablets - Side Effects - September 29th, 2011 [September 29th, 2011]
- Side Effects Of HIV Drugs - September 30th, 2011 [September 30th, 2011]
- Narcotics Agent Body Slams Drug Laws - October 4th, 2011 [October 4th, 2011]
- Most Astonishing Health Disaster of the 20th Century - October 4th, 2011 [October 4th, 2011]
- The Drug EFFEXOR will bring you to your knees - October 4th, 2011 [October 4th, 2011]
- Depakote Side Affects Harm Autistic Person - October 4th, 2011 [October 4th, 2011]
- TV Commercial DruG SPOoF ! - October 4th, 2011 [October 4th, 2011]
- Side Effects - Part 2 - October 4th, 2011 [October 4th, 2011]
- Side Effects May Include... : from the Goin' Green album by: Audio Faux Pas - October 5th, 2011 [October 5th, 2011]
- How to Sue Drug Companies for Free - October 5th, 2011 [October 5th, 2011]
- Should You Trust Your Doctor? - October 5th, 2011 [October 5th, 2011]
- Xenical (Orlistat) Side Effects - News Report - October 5th, 2011 [October 5th, 2011]
- Side Effects - Part 1 - October 5th, 2011 [October 5th, 2011]
- Chantix Side Effects: The Carter Albrecht Effect - October 5th, 2011 [October 5th, 2011]
- Can I sue if a pharmaceutical drug I took causes negative side effects? - October 6th, 2011 [October 6th, 2011]
- Powerful Form of Ecstasy Drug Kills Blood Cancer Cells - 8/21/11 - October 6th, 2011 [October 6th, 2011]
- Drug voltaren - October 6th, 2011 [October 6th, 2011]
- The Dark Side Of Psychiatry--Antipsychotic Drugs, Olanzapine, Risperidone, Clozapine - October 6th, 2011 [October 6th, 2011]
- My Review Of Accutane - October 6th, 2011 [October 6th, 2011]
- Evista treatment - October 6th, 2011 [October 6th, 2011]
- Tizanidine medicine - October 6th, 2011 [October 6th, 2011]
- Ponstel 250mg - October 6th, 2011 [October 6th, 2011]
- #14.2 Senior Medication Challenges - October 6th, 2011 [October 6th, 2011]
- Levlen 28 - October 6th, 2011 [October 6th, 2011]
- Diclofenac uses - October 6th, 2011 [October 6th, 2011]
- Happy Juice - Peru - October 6th, 2011 [October 6th, 2011]
- Premarin pill - October 6th, 2011 [October 6th, 2011]
- Revatio cost - October 7th, 2011 [October 7th, 2011]
- Alendronate sodium pills - October 7th, 2011 [October 7th, 2011]
- Provera drug - October 7th, 2011 [October 7th, 2011]
- Tizanidine drug - October 8th, 2011 [October 8th, 2011]
- CCHR Video 8a - Side Effects. Anti-Depressants, Suicidal Thoughts. Psychotropic Drugs. - October 8th, 2011 [October 8th, 2011]
- Drug Duphaston - October 8th, 2011 [October 8th, 2011]
- Dydrogesterone in Usa - October 8th, 2011 [October 8th, 2011]
- Vigora price - October 8th, 2011 [October 8th, 2011]
- Premarin drug - October 8th, 2011 [October 8th, 2011]
- Raloxifene side effects - October 8th, 2011 [October 8th, 2011]
- Tizanidine medication - October 9th, 2011 [October 9th, 2011]
- Zanaflex drug - October 10th, 2011 [October 10th, 2011]
- Zanaflex medicine - October 10th, 2011 [October 10th, 2011]
- Vigora - October 10th, 2011 [October 10th, 2011]
- Side Effects of Alzheimer's Disease Medications - October 10th, 2011 [October 10th, 2011]
- Are You Tired of Your Blood Pressure Medicine? - October 11th, 2011 [October 11th, 2011]
- PCOS- Metformin (Is it worth dealing with the side effects) - October 12th, 2011 [October 12th, 2011]
- 1/5.Prozac, Zoloft, Paxil, Viagra, Lipitor, Cialis, Nexium - October 12th, 2011 [October 12th, 2011]
- Drug Side Effects - Video - October 13th, 2011 [October 13th, 2011]
- Drug Interactions and Side Effects - Video - October 13th, 2011 [October 13th, 2011]
- Do You Understand Your Prescription Blood Pressure Drugs? - Video - October 13th, 2011 [October 13th, 2011]
- What you need to know about statin drugs side effects (animation) - Video - October 14th, 2011 [October 14th, 2011]
- The #1 Most Dangerous Blood Pressure Drug Side Effect - Video - October 14th, 2011 [October 14th, 2011]
- Mental Health Medication Side Effects - October 14th, 2011 [October 14th, 2011]
- Prescription Drug Side Effects - Video - October 15th, 2011 [October 15th, 2011]