The US Supreme Court will hear arguments on whether generic-drug makers can be sued for not warning patients about the risk of dangerous side effects.
The Court has agreed to hear the lawsuits involving Mylan Inc. and Teva Pharmaceutical Industries Ltd. These lawsuits by two women allege that they contracted a severe neurological disorder, tardive dyskinesia, as a result of long-term use of metoclopramide.
A federal appeals court let both suits proceed, noting that a 2009 Supreme Court ruling that permitted failure-to-warn suits against brand-name drugmakers.
The drug companies argue that the 2009 ruling shouldn’t apply to them because federal law requires generic drugs to include the same packaging insert as the one used by the brand-name drug company that produces the medicine.
Trial courts across the country have rejected that argument.
Information and commentary provided by Dallas Fort Worth Personal Injury Attorney Dr Shezad Malik. The Dr Shezad Malik Law Firm can be contacted in Dallas at 888-210-9693 or in Fort Worth at 817-717-1772. If you or a loved one has been injured from a Defective Drug, please fill out our contact card for a free consultation.