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Supreme Court Exempts Drug Companies from Lawsuits

 
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iliveforbhm View Drop Down
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    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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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 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 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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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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Post Options Post Options   Thanks (0) Thanks(0)   Quote ragincajin Quote  Post ReplyReply Direct Link To This Post Posted: Mar 02 2014 at 5:31pm
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!

Edited by ragincajin - Mar 02 2014 at 5:34pm
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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 5:18pm
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...
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Post Options Post Options   Thanks (1) Thanks(1)   Quote ragincajin Quote  Post ReplyReply Direct Link To This Post Posted: Mar 02 2014 at 4:58pm
Originally posted by trudawg trudawg wrote:

okay people, stop interpreting and start reading. Below you'll find the background, holding and the eleven (11) headnotes from the SC's ruling which are now settled law. The ruling covers different areas of law which are denoted by the headnote title. This is straight from Westlaw and is worth about $95 of my time, lol.


Ah Tru, you have a sense of humor!
Without going into the complexities, just consider this: Between the drug manufacturers, the FDA, your doc and your insurance company, if you are damaged, what will you do?
Regular folk should consider this:
The next time you go see your doctor and need a prescription, if you are given a paper script, vs. having your script sent directly to your pharmacy, take a good look at it.
Notice the dispense as written box. We’ve all seen this.
Now consider your insurance company. Ins companies more often than not, require generics over brand. Cost. Plain and simple. Generics are cheaper.
Your doc would have to prove that you need brand over generic in order for your ins com to pony up the dough. How many docs do you know who'd be willing to take the time to do that? I know maybe one. Not too many. Remember, they have ins com contracts as well.
Your ins company will say, if you want brand, you can have it, but you will have to foot the bill yourself.
If you cannot afford to pay for brand, and your only option is generic, what happens if you’re damaged in some way? How will you be made whole? The answer, we now know, thanks to last July's ruling, is too bad. Remember this the next time you, your child, mom, dad, sibling, friend, cousin, neighbor, etc., needs a prescription filled.
I am waiting for the ins suits to come round the mountain eventually.
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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 1:26pm
i don't want to read all that right now...lol  maybe later...Embarrassed
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Post Options Post Options   Thanks (0) Thanks(0)   Quote trudawg Quote  Post ReplyReply Direct Link To This Post Posted: Mar 02 2014 at 1:25pm
Originally posted by ThoughtCouture ThoughtCouture wrote:

i don't want to read all that right now...lol  maybe later...Embarrassed


It looks daunting, I know, however it's really not that much. The background is the longest part. LOL
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