Generic Drug Lawsuits: Bernstein Liebhard LLP Comments on Supreme Court Case that May Further Shield Generic …

The Firm is currently investigating lawsuits on behalf of individuals injured as a result of drug side effects, including those caused by Fosamax.

New York, New York (PRWEB) March 20, 2013

The importance of this case cannot be understated. Weve already seen numerous lawsuits involving generic drugs dismissed because of the Mensing decision. A decision in favor of generic drug makers will close off the last remaining legal avenue open to victims of of defective generic medications, says Bernstein Liebhard LLP. The Firm offers free legal evaluations to individuals who have allegedly suffered injuries due to Fosamax and other medications.

Generic Drug Lawsuits

Under U.S. Food & Drug Administration (FDA) regulations, generic drugs are required to carry the very same label warnings as name-brand versions. In 2011, the U.S. Supreme Court ruled in Pliva vs. Mensing that manufacturers of generic medications could not be held liable for failing to warn patients about their risks since they have no control over the content of the drugs labels. (Pliva v. Mensing, 131 S. Ct. 2567 (2011)) According to a report published by the New York Times in the wake of the Mensing decision, lawsuits involving generic versions of have since faced dismissal in courts throughout the country.**

According to a report from Bloomberg.com, during yesterdays oral arguments, Justices Sonia Sotomayor, Elena Kagan and Ruth Bader Ginsburg appeared skeptical of arguments that favored generic drug makers. Youre basically saying the minute that the FDA gives you permission to sell, its a right to sell, Justice Sonia Sotomayor told a lawyer for the Justice Department, which has come down on the side of the generic drug industry. And it cant be altered by any state police power. However, Chief Justice John Roberts and Justice Antonin Scalia both questioned whether juries should be in the position of second-guessing the FDA. The Supreme Court is expected to announce its decision in the Bartlett case in June.*

Victims of injuries caused by defective drugs may be entitled to compensation for medical bills, lost wages, pain and suffering and other damages. To learn more about Fosamax lawsuits, as well as litigation involving other medications, please visit Bernstein Liebhard LLPs website, http://www.consumerinjurylawyers.com/. For additional information, contact a lawyer at Bernstein Liebhard LLP today at (877) 779-1414.

**bloomberg.com/news/2013-03-19/patients-generic-drug-lawsuits-questioned-by-high-court.html

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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Generic Drug Lawsuits: Bernstein Liebhard LLP Comments on Supreme Court Case that May Further Shield Generic ...