U.S. Supreme Court to Consider Generic Drug Manufacturer’s Liability

By Cullan & Cullan on March 14, 2013 - Comments off

As reported in The New York Times, a New Hampshire woman developed a severe reaction to the drug sulindac. Her doctor prescribed the drug to treat shoulder pain. She spent two months in a burn unit due to the loss of nearly two-thirds of her skin. Her lungs were permanently damaged as was her esophagus. The reaction also left her legally blind. Sulindac is a drug similar to ibuprofen. Both are in the class of drugs called nonsteroidal anti-inflammatory drugs (Nsaids).

The manufacturer of the generic drug, Mutual Pharmaceutical Company, was sued and the victim was awarded $21 million in compensation in a 2010 trial in Federal District Court in Concord, NH. The verdict was later upheld by an appeals court decision.

Later this month, the Supreme Court will hear arguments in regard to the case and whether or not Mutual should be held accountable for the victim’s injuries.

Generic drugs today account for 80 percent of all prescriptions filled in the U.S. The outcome of this case will hopefully make clear available legal recourse for those taking generic medications.

The drug was alleged to have been defective, but Mutual is contending that the company has no control over the design of the drug. Generic drug manufacturers are under federal law not permitted to make any changes to the drug that they are duplicating.

This case will attract the attention of federal regulators, pharmaceutical manufacturers, and the general public who want to know the drugs prescribed for them are safe.

The pharmaceutical litigation lawyers in Omaha at the firm of Cullan & Cullan, LLC are lawyers who are also physicians. If you have been harmed or made more ill by taking a prescription drug, the attorneys at Cullan & Cullan, LLC have the knowledge and experience to assess the damage and determine whether you have a right to compensation through a product liability lawsuit. Please call (402) 397-7600 to discuss the details of your case.

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