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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

New Limits on Product Liability Lawsuits Against Generic Drugs?

[fa icon="clock-o"] June 27, 2013 [fa icon="user"] Scura Law Firm [fa icon="folder-open'] Product Liability

Product-liability-lawsuitsNew Jersey residents rely upon prescription drugs for all sorts of reasons. Prescription medications are important parts of many residents' lives, and are used for a multitude of reasons, including allergies, birth control, pain management and depression. While there certainly are benefits of prescription drugs, science is not always precise and over time, certain drugs can cause side effects and problems for consumers.

Product Liability for Generic Drug Manufacturers

As a result of the problems and side effects caused by certain prescription medications, consumers sometimes decide to bring product liability lawsuits. Recently however, the U.S. Supreme Court has limited the right of consumers to bring such lawsuits against generic drug makers. The court overturned the judgment of a woman who sustained serious illness and injury that was caused by a generic anti-inflammatory medication.

The Supreme Court interpreted that the lawsuit was barred by the federal drug regulations. As a result of the lawsuit, generic drug makers are legally shielded from suits alleging inadequate labeling of products. Federal law currently requires that generic medications be the same as brand-name versions, and therefore are somewhat immune to suits claiming design defects or that the product is unreasonably dangerous, because they are simply following in the brand-name's footsteps. While the courtroom door may be closed to generic drug making companies, the Supreme Court have allowed product liability suits against branded drug makers.

Many times, medications and drugs are at the heart of product liability lawsuits. There is a very clear duty which manufactures owe to consumers in proper testing and studies prior to releasing and marketing the drugs. Every drug manufacturer has a duty to warn consumers of potential side effects, but manufacturers are not expected to warn against unknown dangers.

While the thought of bringing a product liability lawsuit may seem daunting, it is not impossible. If you have suffered side effects or injury because of a medication you have taken, but were not warned, you may be able to bring a product liability lawsuit. A product liability attorney can help evaluate your claim and present the potential legal options available to you.

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