BOSTON--()--Leading pharmacy Law plaintiffs’ law firm, Gilman Law, LLP is representing individuals in product liability claims involving drug side effects and dangerous medical devices, and is alerting consumers to recent and impending Supreme Court decisions that greatly affect their rights to pursue compensation for any injuries caused by generic drug side effects. In 2011, the Supreme Court ruled in Pliva vs. Mensing that federal law pre-empts any state laws that impose a duty on generic drug makers to warn the public of dangerous side effects associated with their products. The effect of the decision has been to bar and prevent victims of generic drug injuries from pursuing failure-to-warn against generic drug manufacturers, or to recover any monetary compensation regardless of the merits of such a claim. (Pliva v. Mensing, 131 S. Ct. 2567 (2011))
If you or a loved one were injured by these or any other medical product, please call Gilman Law LLP Toll-FREE a 1-888-252-0048 for your free, no-obligation legal consultation, or visit the firm’s website at www.gilmanlawllp.com.
On March 18th, the Supreme Court heard oral arguments in Bartlett vs. Mutual Pharm. Co., Inc., another generic drug case. Depending on the Court’s decision in Bartlett, consumers could lose one of the very few legal avenues that remain open to the victims of generic drug injuries since the Court ruled in Mensing. Despite the importance of the Mensing decision, as well as the Court’s impending decision in Bartlett, most consumers are unaware of these cases, or that they cannot recover any damages for injuries against generic manufacturers according to Gilman Law. (Mutual Pharmaceutical Co. v. Bartlett, 12-142.)
Gilman Law continues to offer free case evaluations to victims of injuries caused by brand name prescription medications and medical devices, and is currently investigating potential lawsuits related to:
- Stryker hip recall for Rejuvenate and ABG II Hip Stems
- Biomet M2a Magnum Hip Replacements
- The Da Vinci Surgical System
- The Mirena IUD
- GranuFlo and NaturaLyte Dialysis drugs
- Byetta diabetes drug
Gilman Law LLP has long been on the cutting edge in representing injured parties in pharmaceutical litigation. On January 25, 2013, the Firm and its co-counsel successfully defended against a motion to dismiss a generic drug lawsuit filed on behalf of a man who lost his sight, allegedly due to side effects associated with a generic arrhythmia drug marketed by Sandoz, Inc. In his decision to reject Sandoz’s motion to dismiss, U.S. District Judge James Graham of the Southern District of Ohio ruled that the Plaintiff’s design defect claim was based on Sandoz's duty not to sell a product considered unreasonably dangerous under state law. Unlike failure to warn claims covered in Mensing, that duty does not necessarily conflict with federal law, Judge Graham said. The Judge also rejected Sandoz's argument that the Plaintiff’s design defect claim was merely a failure-to-warn claim, finding that the Ohio Products Liability Act holds that each theory is distinct. (Arters et al. v. Sandoz Inc. et al., 2:10-cv-00142)
According to Gilman Law, whether or not the Plaintiff will ultimately be able to pursue his claim against Sandoz will depend on the outcome of the Bartlett case now before the Supreme Court. Like the Sandoz lawsuit, Bartlett also involves a claim of design defect. Should the Court rule that design defect claims are also preempted by federal law, U.S. consumers will have absolutely no remaining legal remedy or rights to recover or pursue compensation should they be injured by a generic drug.
About Gilman Law LLP
Gilman Law LLP, a leading national consumer protection law firm with offices in Florida and Massachusetts, has been recognized for delivering successful results to their clients across a broad range of claims stemming from consumer product injury, mass tort, and class action lawsuits. For over 32 years, the Gilman Law LLP team of highly experienced lawyers has earned renown for tireless work on behalf of their clients on many of today’s most challenging and important legal issues.