Supreme Court- No State Lawsuits for Generic
The Supreme Court ruled today that individuals cannot file state suits against generic drug manufacturers for injuries sustained as a result of generic medications.
The impact of the decision is widespread- 75% of all prescription drugs dispensed in the United States are generic, according to a Supreme Court report. Generic versions are given out 90% of the time when the option is available. Information below comes from the Supreme Court Decision.
Pliva vs. Mensing
- 5-4 Supreme Court decision
- The decision throws out lawsuits from two women who developed tardive dyskinesia, a severe neurological disorder, after taking a generic metoclopramide for acid reflux disorder
- The plaintiffs were prescribed the generic drug for Reglan in 2001 and 2002
- Plaintiffs sued the generic manufacturers under state laws that require companies to “take necessary steps to protect consumers”
- Supreme Court found that federal laws require generic drugs to have the same labels as the brand names they copy, so courts could not demand they meet a different state standard at the same time
Federal Law/ State Law Conflict
- State law says all drug manufacturers are to adequately and safely label their products.
- Federal law says that labels of brand name medications and their generic counterparts have to be the same- “The generic drug's labeling must be essentially the same as that of the approved drug” (Food and Drug Administration).
- The Supreme Court ruling found that it would have been impossible for the manufacturers to simultaneously comply with both their state-law duty to change the label and their federal law duty to keep the label the same.
Contact An Experienced
Thomas J. Henry are leaders in the area of product liability litigation. Our Defective Drug and Products Division has extensive knowledge and resources in order to represent our clients efficiently and aggressively. We represent a multitude of people who are battling against manufacturers of medical devices and/or defective pharmaceuticals.
Your choice does matter. If you or a loved one has suffered serious injuries because of any defective drugs and/or products, call the Thomas J. Henry immediately. We are available 24/7, nights and weekends.