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Generic drug personal injury claims | State law failure to warn claims are preempted.

Peter J. Bartinik, Jr.
Civil Trial Attorney, Practicing Law in Connecticut

Blog Category:
11/11/2013
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If you are prescribed a new medication make sure you thoroughly research the drug on your own.  And make sure to don't take a generic version of the drug.  If you do, you do so at your own risk.  You can't sue---even if the drug fails to warn you of a life changing side effect.

Don't rely on your doctor or even the drug company.  The fact is that many drugs come to market before we really know the long term side effects of the drugs.  They are tested on the people who take them like you.  You have all heard of personal injury lawsuits involving pharmaceutical drugs, right.  These cases are based on the dangerous (sometimes lethal) side effects of drugs.

Did you know what these cases are all about.  Many times they are based on the theory that the drug did not warn of a particular side effect when it should have done so.  These cases are called failure to warn claims, and are based on state tort law--negligence and produce liabilty law.

One thing everyone needs to know is this--as of this writing you can't bring a state law failure to warn claim against the makes of a generic drug.  In U.S. Supreme Court decisions, Pliva Inc. v. Mensing and Mutual Pharmaceuticals Co. v. Bartlett the Court ruled that a state law failure to warn claims are pre-empted by federal law--FDA regulations.  

Many drugs have a generic versions.  So, you need to know that if you take them you do so at your own risk.  

If you or anyone you know believes you have been harmed by a drug or medication you have taken contact the personal injury lawyers at The Bartinik Law Firm, PC., 100 Fort Hill Road, Groton, CT., at 860-445-8521 or toll free at 888-717-4211.

 

 



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