Supreme Court Rules about Generic Drug Lawsuits

In June of this year, the Supreme Court ruled 5 – 4 that people who are injured by dangerous generic drugs cannot file lawsuits against manufacturers. Generic drugs cannot be pulled from the market as a result of such lawsuits. The ruling came as a result of a case put before the Supreme Court by a woman who was seriously injured from taking a generic painkiller. The woman sustained permanent disabilities when most of her skin was damaged after taking the drug. She then sued the manufacturer of the generic drug on the grounds that the drug was too dangerous even though it had been approved by the FDA. The drug also contained a warning on its label about the potential side effect that she experienced.

The ruling in favor of the drug company was based on the assumption that these companies have the right to market and sell generic drugs which have FDA approval without liability for lawsuits.

Two rare but deadly skin diseases which can result from generic painkillers are Stevens-Johnson Syndrome and toxic epidermal necrolysis (TEN). These diseases affect mucous membranes as well as the skin and require immediate medical attention. They start out as rashes that spread, causing the top layer of the skin to die. The fatality rate for those who contract TEN is between 30 and 40 percent.

Personal Injury Lawyer Serving Fort Lauderdale, Florida

Dangerous prescription drugs and medical devices can lead to personal injury claims and lawsuits where they cause preventable injuries and deaths to consumers. In many cases, these drugs and devices are rushed through a fast-track process with the FDA without proper clinical trials or enough information as to their potential harm for those who take or use them on a regular and consistent basis.

If you have been harmed through the use of a dangerous prescription drug or medical device or through any other type of personal injury scenario, you can turn to the Law Offices of Jason T. Corsover for competent legal counsel. You may have been harmed through a traffic accident, aboard a cruise ship, in a nursing home, through medical malpractice, or in dog attack. Where negligence is the underlying factor, you may have grounds for legal action. Contact the firm to discuss your potential personal injury or wrongful death claim. Get the exceptional quality and care that you deserve from a legal professional in the aftermath of a devastating injury or family member death.