New York, New York (PRWEB) July 07, 2013
The nationwide law firm of Bernstein Liebhard LLP reports that a recent decision from the U.S. Food & Drug Administration (FDA) could pave the way in the future for individuals allegedly injured by generic versions of popular medications, including Fosamax, to pursue product liability lawsuits against their manufacturers. According to a July 3rd notice posted on the website of the federal Office of Management and Budget, the FDA is planning to allow generic manufacturers to make changes to their drugs labels when they become aware of new information about potential risks associated with their products. At the present time, generic medications are required to carry the same label warnings as their name-brand counterparts, and generic drug makers are barred from altering labels on their own.*
This is wonderful news for future victims of generic drug side effects, as the new rule could finally eliminate the current pre-emption on failure-to-warn claims against generic-drug manufacturers, says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices.
Generic Drug Preemption
Even though generic drugs pose the same risks as their brand name counterparts, consumers have been barred from bringing state law failure to warn claims against generic drug manufacturers since 2011. That year, the U.S. Supreme Court determined that such lawsuits were barred because generic drug makers had no control over their products labels. (Pliva v. Mensing, 131 S. Ct. 2567 (2011)) Just last week, the High Court reaffirmed that ruling by a 5-4 margin. (Mutual Pharmaceutical Co. v. Bartlett, 12-142.)
According to the American Association for Justice, numerous generic drug failure-to-warn lawsuits have been dismissed in the wake of the Supreme Courts Mensing decision. In November 2011, for example, the Judge overseeing Fosamax lawsuits in the U.S. District Court, District of New Jersey, granted a motion filed by generic manufacturers to dismiss claims against them that were based on failure to warn. (In re: Fosamax (Aledronate Sodium) Products Liability Litigation (No. II) MDL 2243).**
According to Wednesdays notice, the FDA could publish its new generic drug labeling ruling as early as September, after which the agency would accept public comments on the issue.
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 by calling 800-511-5092.
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.
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