WASHINGTON – The U.S. Supreme Court’s decision barring state-law design-defect claims against generic drug makers that mirror failure-to-warn actions served a major setback to plaintiffs seeking damages for drug injuries.
WASHINGTON — In a victory to generic pharmaceutical companies, the U.S. Supreme Court ruled today that state design-defect laws that impose a duty on generic drug makers to either change their labeling in violation of federal law or pull the drug from the market are preempted.
WASHINGTON – Deciding where the preemptive effect of federal rules governing drug manufacturing ends and states’ ability to impose liability on drug makers begins has never been an easy task — not even for the justices of the U.S. Supreme Court.
On Tuesday, the justices wrangled once again over the preemptive reach of the federal Food, Drug and Cosmetic Act in an effort to decide whether the law prevents design defect claims against generic drug manufacturers.
Continuing in its efforts to find a new judge for the thousands of Accutane cases pending in New Jersey state court, Hoffman-La Roche filed notice to appeal a decision by presiding Judge Carol E. Higbee not to recuse herself in the case.
The state judge overseeing Accutane mass tort litigation in New Jersey has denied Hoffmann- La Roche’s motion asking that she recuse herself.
Published: March 1, 2013
Tags: Children’s Motrin, consumer protection, drug litigation, failure to warn, FDA, Food and Drug Administration, Johnson & Johnson, Motrin, preemption, Stevens-Johnson Syndrome, Toxic Epidermal Necrolysis
A Massachusetts jury awarded $63 million to a teenaged girl and her parents after the girl suffered an adverse reaction to Children’s Motrin that left her scarred and blind, with permanent brain and lung damage.
And the award may increase.
Published: February 7, 2013
Tags: ADHD, Daytrana, drug litigation, FDA, Food and Drug Administration, Institute for Safe Medication Practices, multidistrict litigation, Noven Therapeutics, product liability, Propecia, Proscar, QuarterWatch
Sexual side effects experienced by men taking the hair-loss drug Propecia may be permanent, according to a new report by a drug industry watchdog.
Pfizer has avoided a bellwether trial scheduled to begin this month in the Chantix multidistrict litigation by settling with an Alabama man who claimed he became suicidal after taking the smoking-cessation drug.
State law allows the user of a generic drug to sue the maker of the name-brand drug for fraudulent misrepresentation, the Alabama Supreme Court has ruled in answering a certified question from a U.S. District Court.
Drug maker Hoffmann- La Roche has asked for the recusal of the New Jersey judge overseeing the Accutane mass tort litigation, asserting that Judge Carol E. Higbee is siding unfairly with plaintiffs who allege injuries from the acne drug.