RSSAccording to the Los Angeles Times, generic drugs are the nation’s most commonly used medications. In fact, roughly 80% of prescriptions prescribed by doctors are for generic drugs. Unfortunately for consumers, if a person suffers injury as the result of a defective generic drug, he or she is barred from suing the manufacturer for damages. In a 5-4 decision last Monday, the Supreme Court tossed out a $21 million jury verdict awarded to Karen Bartlett, a woman who is now legally blind and lost nearly two-thirds of her skin after taking the generic pain killer Sulindac to relieve shoulder pain.
mutual pharmaceutical v bartlett
Senator Harkin and Representative Waxman File Brief on Preemption in Bartlett Supreme Court Decision
Senator Tom Harkin and Representative Henry A. Waxman have filed a brief of amici curiae in support of Karen L. Bartlett over the Supreme Court of the United State’s decision in the case of Mutual Pharmaceutical Company, Inc. v. Karen L. Bartlett. The brief concerns pharmaceutical regulation and federal preemption under the Food, Drug, and Cosmetic Act (FDCA) and the Hatch-Waxman Amendments, of which Representative Waxman was co-sponsor during its creation in 1984. Under preemption, federal law overrides state law. In regard to issues of defective drugs or product liability, preemption would mean that plaintiffs can’t file claims in state court if a federal agency such as the U.S. Food and Drug Administration (FDA) has already approved the product in question.
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