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Supreme Court Exempts Drug Companies from Lawsuits

 
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ThoughtCouture View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ThoughtCouture Quote  Post ReplyReply Direct Link To This Post Posted: Mar 02 2014 at 5:32pm
Originally posted by trudawg trudawg wrote:

Holding: The Supreme Court, Justice Alito, held that design defect claim under New Hampshire law, based on generic drug manufacturer's failure to strengthen warnings on inflammatory pain reliever's label to advise of risks of toxic epidermal necrosis and Stevens-Johnson Syndrome and to ensure that pain reliever was not “unreasonably dangerous” to users, was preempted by federal law that expressly prohibited manufacturers of generic drugs from making any unilateral changes to drug's label.
Reversed.
Justice Breyer dissented and filed opinion, in which Justice Kagan joined.
Justice Sotomayor dissented and filed opinion, in which Justice Ginsburg joined.


Mut. Pharm. Co., Inc. v. Bartlett, 133 S. Ct. 2466 (2013)

 
interesting...so if i am reading this correctly the generic brand printed warnings on the label precisely as the brand name version has printed as required by fed law...and this is why the generic company is not being held liable?
 
so the root cause is, in fact, faulty labeling on the part of the brand name actually, correct?
 
but the patient can't sue the brand name directly because they took the generic brand which is a carbon copy down to the labeling as legally required by same said fed govt?????? 
 
this is some circular bullshyt for sure...
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ThoughtCouture View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ThoughtCouture Quote  Post ReplyReply Direct Link To This Post Posted: Mar 02 2014 at 5:35pm
Originally posted by ragincajin ragincajin wrote:

Originally posted by ThoughtCouture ThoughtCouture wrote:

oh ok...so you can't sue the brand if you were prescribed the generic?  terrible...especially since it is the same exact formula...as required by the feds...


You can't sue the generic manufacturer because the formula was previously approved by the Feds. For the people-all kinds of wrong and no recourse. For the manufacturers- chaching!
 
yeah...they need to change that.  this is a glitch in the matrix. 
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Anah View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Anah Quote  Post ReplyReply Direct Link To This Post Posted: Mar 02 2014 at 7:06pm
Oh sh*t. I just looked up epidermal necrolysis!!!

No lord. Why?Unhappy

This is horrible news.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote NARSAddict Quote  Post ReplyReply Direct Link To This Post Posted: Mar 06 2014 at 7:36am
sh*t no wonder polio hasn't been eradicated and why Boko Haram is acting an unadulterated fool in Nigeria.  And I suspect why polio is rife in Pakistan also.  Ugh to it all.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote iliveforbhm Quote  Post ReplyReply Direct Link To This Post Posted: Mar 06 2014 at 8:17am
It's to say America has fallen spirituality and the physically is about to go under.
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