Categorized | Civil Justice Update

Alabama Supreme Court: Patient may sue brand-name drug company.

The New York Times (1/12, Thomas, Subscription Publication, 1.68M) reported, “The Alabama Supreme Court ruled on Friday that a patient could sue a brand-name company for failing to warn about a drug’s risks even though he had taken a generic version of the product that the company did not make.” The Times added, “Although the decision applies only to Alabama, it is likely to be closely read by lawyers with similar cases pending around the country whose clients have been barred from suing generic companies because of a recent United States Supreme Court ruling.” The article explained, “The chances of those claims against the generic companies succeeding are unclear after a 2011 Supreme Court decision, Pliva v. Mensing, which ruled that generic drug companies had no control over what their labels said and so could not be sued for failing to alert patients about the risks of taking their drugs.” 

Comments are closed.

Product Safety News

Top Practice Areas

Mesothelioma, Medical Malpractice, Birth Injury, Spinal Cord Injury, Failure to Diagnose Cancer, Cerebral Palsy, Brain Injury, Personal Injury, Car Accidents, Truck Accidents

New Jersey
Birth Injury, Medical Malpractice, Mesothelioma, Personal Injury, Car Accidents, Truck Accidents

Cohen, Placitella & Roth, P.C.