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Rise of Generic Drug Prescriptions Creates Liability Nightmare
 
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Under current law, generic drug manufacturers are less responsible for adverse reactions than brand-name manufacturers.
Views: 2014 ABC News
Dangerous Drugs News: Generic Drugs May Be Liable For Injuries In the Near Future
 
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Visit http://www.rotlaw.com/lawsuits/dangerous-drugs/ for more information on dangerous drugs. The Supreme Court of the United States is hearing arguments this week in a case that could give patients injured by generic medications the right to sue. Currently, only original manufacturers can be held liable for harms caused by prescription medications. Karen Barrett of New Hampshire sued Mutual Pharmaceuticals of Philadelphia after she went blind and her skin began to fall off following her use of the generic drug Sulindac, which the company manufactures. A jury awarded her 21 million dollars. An appeals court upheld the verdict and the award. If the Supreme Court upholds the ruling of the lower courts, it would open the door for claims against generic drug manufacturers, who are by federal law required to reproduce the original design and labeling of a brand-name drug. The Rottenstein Law Group encourages patients to visit http://www.rotlaw.com/lawsuits/dangerous-drugs/ for more updates on the Supreme Court trial and for more information on dangerous drugs. Rottenstein Law Group, LLP 321 W 44th St # 804 New York, NY 10036 (212) 933-9500 http://www.youtube.com/watch?v=HC7djvoyWaA
Views: 525 RotlawNewsDesk
What Are Generic Medicines?
 
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What Are Generic Medicines? Generic medicines are exact copies of popular brand-name drugs, they have exactly the same dosage, intended use, effects, side effects, route of administration, risks, safety, and the strength as the original drug.  TO CONSULT: https://www.wellinghomeopathy.com/ FACEBOOK: https://www.facebook.com/Dr.Welling.MD TWITTER: https://twitter.com/dr_Welling YOUTUBE: https://www.youtube.com/channel/UCyJz4o-WtwHJxiO2_4O1ppw TO CONSULT: https://www.wellinghomeopathy.com/ FACEBOOK: https://www.facebook.com/Dr.Welling.MD TWITTER: https://twitter.com/dr_Welling YOUTUBE: https://www.youtube.com/channel/UCyJz4o-WtwHJxiO2_4O1ppw For Communication: Welling Homeopathy Clinics. Corporate Office: 1st Floor, Shraddha Complex, Old Nagardas Road, Near Andheri (e) Metro Station, Opp Classic Restaurant, Mumbai 400069. A Welling Healthcare Pvt. Ltd. brand. ( an ISO:9001 company )  Patient Helpdesk (+91) 80-80-850-950 Awarded the International Star Award for Quality in Healthcare at Geneva Quality Convention 2012 This video is not designed to and does not provide medical advice, professional diagnosis, opinion, treatment or services to you or to any other individual. Through my videos, blog posts, website information, I give suggestions for you and your doctor to research and provide general information for educational purposes only. The information provided in this video or site, or through linkages to other sites, is not a substitute for medical or professional care, and you should not use the information in place of a visit, call consultation or the advice of your physician or other healthcare provider. Welling Healthcare Private Limited, Welling Homeopathy Clinics & Dr.Welling,M.D. are not liable or responsible for any advice, course of treatment, diagnosis or any other information, services or product you obtain through this video or site.
Views: 8029 Dr.Welling,M.D. Show
Why are prices for generic drugs increasing?
 
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Some generic drug prices are skyrocketing. ABC Action News looks into why and what customers can do about it.
Views: 735 ABC Action News
Lawsuit Accuses Drug Makers Of Fixing Generic Drug Prices
 
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More than a dozen companies and 18 medicines are named in the price-fixing lawsuit.
Views: 79 CBS Miami
The Pharmaceutical Industry
 
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Scott Stern, Associate Professor, Kellogg School of Management, speaks on "The Pharmaceutical Industry," during the Judicial Symposium on The Pharmaceutical Industry: Economics, Regulation, and Legal Issues, hosted by Northwestern Law Judicial Education Program in May 2009.
Views: 32251 NorthwesternU
The Pharmaceutical Pride of West Africa
 
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Danadams Pharmaceuticals Industry Limited is a wholly-Ghanaian owned limited liability company incorporated in Ghana. Danadams was commissioned on 8th June 2005 by then President John Kufour, who noted that the company would be strategic for Ghana in its fight against endemic diseases. From its original staff strength of fifty-two, Danadams now employs over 250 employees, and is delivering on its promise to contribute to the growth and impact of the local manufacturing pharmaceutical industry in Africa. Danadams' mission is to lead Africa for best-in-class, quality, safe and efficacious pharmaceuticals at affordable prices -- developed, manufactured, and distributed by Africans. Our core business is the production of anti-retroviral, anti-malarial, anti-tuberculosis and other quality generic pharmaceuticals used to fight opportunistic infections in HIV/AIDS patients. Danadams in particular seeks to address the problem of scarcity of anti-retroviral (ARV) drugs in Ghana and the rest of West Africa, by increasing its production of quality generic ARV drugs locally, and as from 2011, collaborating with strategic partners to develop new pediatric ARV drugs especially for the African market. Moreover, Danadams is among other West African Pharmaceutical companies selected to collectively act as catalysts to spearhead the building of the local capacity for production and distribution of ARV drugs. It is working in partnership with governmental initiatives like the Food and Drugs Board (FDB), economic regional bodies such as West African Health Organization (WAHO) under ECOWAS, and international organizations like the United Nations Industrial Development Organization (UNIDO) and World Health Organization (WHO).
Views: 3101 Danadams Gh
Pharmatech LLC Has An Experienced Team Of Pharmaceutical Professionals
 
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Pharmatech LLC is a leading full-service Contract Development & Manufacturing Organization (CDMO) specializes in high-quality generic Rx & OTC pharmaceuticals. The company is staffed with more than 20 scientists with a wealth of experience developing precise formulations. Being a team-oriented organization, their scientists, formulators, project managers offer customized and superior services. Their experienced team provides support from discovery top commercialization.
Views: 13 Vernon Gardner
Generic Vs Branded Drugs
 
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There are a lot of myths and misconceptions surrounding Generic Drugs. This infographic is created by MHC Asia Group for MHC Medical Network to educate its clients and help them make informed decisions. Good public health education can help companies work towards a more cost-effective healthcare solutions. Disclaimer: The information contained inside this infographic is for general information purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the infographic or the information, products, services or related graphics contained inside the infographic for any purposes. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this infographic. Music license certificate #19634 from Bensound.com
Views: 49433 MHC Corporate
Generic Drugs & Right to Sue: Atty. Matt Harman comments
 
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Are you at liberty to sue if you are harmed by a generic drug? Attorney Matt Harman of Harman Law, LLC in Atlanta, GA comments. For more information, visit HarmanLaw.com.
Views: 65 Harman Law Firm
Generics industry
 
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Generics industry has transformed the Brazilian pharmaceutical market by popularizing the patent expired drugs
Views: 348 CanalPortalBrazil
Generic Drugs & Right to Sue - Atty. Stephen Sheller comments
 
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Atty. Stephen Sheller of Sheller, P.C. comments on your right to sue regarding generic drugs vs. brand-name drugs. For more information, visit Sheller.com.
Views: 60 Sheller, PC
Are generic drugs being delayed to market?
 
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Are less-expensive generic drugs being delayed to market by so-called "pay for delay" deals between drug companies? The deals happen after generic drug companies challenge the patents on brand-name drugs. The settlements include a date that the generic drug can enter the market, and in some cases, a payment from brand company to the generic company.
Views: 5490 PBS NewsHour
Rise of Generic Drug Prescriptions Creates Liability Nightmar
 
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Under current law, generic drug manufacturers are less responsible for adverse reactions than brand-name manufacturers.
Views: 3 world news
Generic drug makers could be required to label side effects
 
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If you suffered a dangerous side effect from a medication, you could sue the maker, unless it's a generic version. An FDA proposal, however, would protect patients by making generic drug companies more accountable.
Views: 123 WWLP-22News
HOW PRE-EMPTION OF CLAIMS AGAINST GENERICS IS AFFECTING PRODUCT LIABILITY LAW
 
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TRIAL.COM - CHI2012 - Steve Imbriglia HOW PRE-EMPTION OF CLAIMS AGAINST GENERICS IS AFFECTING PRODUCT LIABILITY LAW Steve Imbriglia (Gibbons; Philadelphia, PA) presents at the The Network of Trial Law Firms' Litigation Management CLE SuperCourse: Trial lawyer Steve Imbriglia shows how trial lawyers are attempting to circumvent a recent Supreme Court decision pre-empting claims against manufacturers of generic drugs and describes the impact of those efforts on product litigation generally. Brand name manufacturers are being targeted for liability resulting from plaintiffs' use of generic products. Materials: http://www.trial.com/cle/materials/2012-ch/imbriglia.pdf PowerPoint: http://www.trial.com/cle/powerpoints/2012-ch/imbriglia.pdf
The Real Deal: Generic Drug Companies Not Li
 
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GLENVILLE -86% of Americans now take generic drugs and while those medications may be cheaper than the name brands, you're unknowingly giving up the ability to sue if you run into any unforeseen complications with the medication. Generic drug makers have to stick close to the name-brand formula and labeling and the Supreme Court has ruled because of those rules, they can't be held liable if something goes wrong. Debbie from Glenville has lasting effects from a drug reaction she suffered following a knee replacement, "I figured I'd come home and everything would be fine," she says but that's not what happened. She and her doctors say a generic pain medication she was taking caused renal failure and by the time she got back to the hospital, she was in serious condition. "At that point, I had 1,177 liters of urine throughout my body‚it was awful, I was so bloated I couldn't bend down to pick anything up, my legs ached, my ankles hurt, I couldn't do the therapy for my knee replacement," she says. After months of recovering, Debbie brought her case to a lawyer, "they said that you can't sue because it's a generic drug‚it took six months of my life away and they just say, "no, you can't do it, you can't sue," she says. Under federal law, generic drug makers are not allowed to change the safety warnings on their labels in response to new risks and side effects until after the name brand maker has done so. And then, the change needs to be approved by the FDA which creates a big window of time when patients may be taking the generic without updated health information. The FDA recently delayed a new rule that would require generic drug makers to independently update warnings after getting major pushback from the industry. The Generic Pharmaceutical Association argues the new rule would increase the prices of generic drugs and open up the generic drug makers to more liability. Debbie says she wouldn't mind paying a little extra for a little more piece of mind, "It was a nightmare and I don't want other people going through it," she says.
Views: 128 CBS6 Albany
Hatch Waxman Litigation
 
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To learn more about this webcast please visit our website: https://www.theknowledgegroup.org/webcasts/legal/intellectual-property-law/hatch-waxman-litigation Explore and Gain UNLIMITED Access to the Entire Knowledge Group Library and Enjoy Over 2000+ Online Courses with LIVE & RECORDED Event Materials by clinking this link: https://www.theknowledgegroup.org/unlimited-subscription Congress enacted the Hatch-Waxman Act, formally known as the Drug Price Competition and Patent Term Restoration Act of 1984, P.L. 98-417, to expedite and streamline both generic drug approvals and patent litigation relating to generic drugs. Prior to the adoption of the Act, no streamlined Food and Drug Administration (FDA) approval process existed for generic drugs. Instead, companies seeking to market generic drugs were required to conduct the same kinds of expensive, lengthy clinical trials that drug companies conducted for new brand-named drugs. Additionally, the Act provided a safe harbor to allow generic drug companies to investigate and patent new drugs in order to get FDA approval without the risk of patent infringement liability. See Roche Prods., Inc. v. Bolar Pharm. Co., 733 F.2d 858 (Fed. Cir. 1984). Although the Hatch-Waxman Act has been amended multiple times since its enactment, the underlying structure remains the same, and the number of generic drugs successfully reaching the market has increased dramatically. However, along with the remarkable upsurge in approvals, the ever-changing landscape of Hatch-Waxman litigation creates new risks and challenges for both brand drug sponsor companies and generic companies every day. Join a panel of key thought leaders and professionals assembled by The Knowledge Group in a LIVE Webcast as they bring the audience to a road beyond the basics of bringing or defending against Hatch-Waxman Litigation and as they delve into the in-depth analysis of the current trends and recent court rulings surrounding this significant topic. Speakers will also provide the audience with practical strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate. Key topics include: - Hatch-Waxman Act: Fundamentals - Litigation Trends and Pitfalls - Recent Court Decisions - Scope, Privileges and Limitations - Trends, Developments and What Lies Ahead in 2018
What Would Make a Drug Manufacturer Liable?
 
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http://www.stevens-johnson-syndrome-lawyer-online.com drug manufacturers are legally responsible for injuries caused by defects in their products. This can mean problems with the way the drugs were designed or manufactured.
Danadams Pharmaceuticals - Creating a healthy Africa.
 
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Danadams Pharmaceuticals Industry Limited is a wholly-Ghanaian owned limited liability company incorporated in Ghana. It was launched in 2005, and currently employs over 250 employees who share a vision of creating a healthy Africa where all Africans can have the opportunity to find success. Danadams' mission is to lead Africa for best-in-class, quality, safe and efficacious pharmaceuticals at affordable prices -- developed, manufactured, and distributed by Africans. Our core business is the production of anti-retroviral, anti-malarial, anti-tuberculosis and other quality generic pharmaceuticals used to fight opportunistic infections in HIV/AIDS patients.
Views: 932 DanadamsGh
Supreme Court to Hear Generic Drug Appeal [audio]
 
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Nov. 8 (Bloomberg Law) -- The U.S. Supreme Court will hear the oral arguments in a case between Novo Nordisk A/S, the manufacturer of diabetes drug Prandin, and generic drug maker Caraco Pharmaceutical Laboratories, Ltd. The legal dispute, over the manufacture of a generic version of the drug, centers on interpretation of the Hatch-Waxman Act and could change how brand-name drug makers use patent law. Tony Dutra, legal editor of BNA's Patent, Trademark & Copyright Journal, talks with Bloomberg Law's Josh Block about the case which will be argued before the Court on Dec. 5. https://www.bloomberglaw.com Follow on Twitter: @BloombergLaw @JoshBlock560
Views: 442 Bloomberg Law
Generic Drug Prices On The Rise
 
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Doctors are starting to nice a sharp increase in the price of generic drugs. WBZ-TV's Dr. Mallika Marshall reports. Read more recent News stories: http://cbsboston.com SUBSCRIBE TO THE CBS BOSTON YOUTUBE CHANNEL: https://www.youtube.com/user/CBSBostonWBZ
Views: 682 CBS Boston
Are Generic Drugs Getting a Free Pass?
 
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Should consumers have less legal protection if they become injured taking a generic drug instead of a brand name? The U.S. Supreme Court may answer that once and for all this year. The American Law Journal presents "Are Generic Drug Manufacturers Getting a Free Pass?" The panel looks at U.S. Supreme Court cases (Pliva v. Mensing, the recent Mutual Pharmaceutical v. Bartlett) and beyond (Alabama's Wyeth v. Weeks). Joining host Christopher Naughton are Philadelphia attorneys Claudine Q. Homolash, of Sheller, P.C. representing plaintiffs, pharma defense attorney Terry M. Henry, Blank Rome LLP. Joining the discussion are Paul Langevin, M.D., anesthesiologist at Hahnemann University Hospital and Kate Greenwood, Research Fellow and Lecturer for Seton Hall Law's Center for Pharmaceutical Law & Policy. Program 1317. For more information, visit LawJournalTV.com
Supreme Court Rules in Favor of Generic  Drug Preemption
 
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The United States Supreme Court held in Pliva, Inc. v. Mensing that federal drug labeling laws directly conflict with, and therefore impliedly preempt, state law failure-to-warn claims against generic drug manufacturers. Mensing is the latest in a series of federal preemption cases involving the pharmaceutical and medical device industry
Views: 278 tcdevoto
Supreme Court hearing generic drug maker liability case
 
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The U.S. Supreme Court is hearing arguments in the case of a New Hampshire woman who was critically injured after taking a generic drug for shoulder pain. The justices are looking at whether the generic drug maker is responsible for a medication that, by law, must be an exact copy of the original name brand drug. Tara Mergener reports.
Views: 46 FastTheLatestNews1
I-Team: Generic Drug Legal Loophole
 
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A family is fighting for better protection for consumers. WBZ-TV's Lauren Leamanczyk reports.
Views: 28 CBS Boston
Courts weigh in on generic drug delays
 
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Are less-expensive generic drugs being delayed to market by so-called "pay for delay" deals between drug companies? That's the allegation of the Federal Trade Commission, which has made fighting the deals one of its top priorities. NewsHour Weekend correspondent Megan Thompson spoke to Ed Silverman who writes the Pharmalot Blog for the Wall Street Journal, and has covered the pharmaceutical industry for almost 20 years.
Views: 798 PBS NewsHour
Warning Labels on Generic Drugs: Atty. Terry Henry comments
 
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Are pharmaceutical companies being timely enough when updating labels on their drugs? Atty. Terry Henry of Blank Rome LLP comments on The American Law Journal television program. For more information, visit BlankRome.com.
Views: 88 Blank Rome LLP
Generic Drugs Free From Federal Regulations - The Ring Of Fire
 
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The US Supreme Court recently gave generic drug manufacturers a free pass to poison and kill American consumers. But even before that ruling, generic drug companies were subject to few, if any, federal regulations. Ring of Fire guest host Farron Cousins discusses this with attorney Howard Nations. Watch Ring of Fire every Sunday at 12pm Eastern/9am Pacific on Free Speech TV! Follow more of our stories at http://www.RingofFireRadio.com Be sociable! Follow us on: Facebook: http://www.facebook.com/RingofFireRadio Twitter: http://www.twitter.com/RingofFireRadio Google+: http://plus.google.com/118415831573195648557
Views: 431 The Ring of Fire
Generic Lipitor Warning: Manufacturer Halts Production of Drug
 
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David Kerley looks into production problems in generic form of cholesterol drug.
Views: 1685 ABC News
Big Court Ruling Favors Generic Drugs
 
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The Times's Katie Thomas explains why a ruling in India favoring generic drugs has rippling effects around the world.
Views: 8936 NewCyberTv
Are Generic Drugs Just As Safe As Brand Name Drugs?
 
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A brief overview of generic and brand name drugs, how they differ, and what precautions you might need to take with some generic drugs.
Views: 1243 Drugs.com
Brand vs Generic [Is there a difference?]
 
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It is commonly accepted that something that is less money is of poorer quality. Is there a difference between brand name and generic medications? Generic products like no name products on grocery store shelves are often characterized as being of poorer quality than the brand name product. Generic drugs are not like no name potato chips. Generic drugs go through rigorous studies to prove that they are bioequivalent meaning that it has the same drug, same dose and same route of administration before being put on the market. The only difference between a generic and a brand name drug are the excipients. These are binder’s fillers, food coloring, or flavouring. They are not exactly the same, but they work the exact same. Branding seems to increase the placebo effect associated with a treatment, This is probably because people associate branding with higher quality and expect that they will work better.
Views: 322 The Daily Dose
Generic Drugs vs Brand Name Drugs
 
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If you suffer a side effect from your medication, if you're taking a generic drug, you can't file a lawsuit for personal injury. Only the name brand drug company has to monitor safety and update warnings. The generic drug companies only have to be the same as the name brand drug company, and therefore they have no responsibility to consumers. About 80% of the drugs sold in the US are generic, so currently, the drug manufacturers for 80% of the US are not under requirement to look out for patient safety and update their warnings. However, the FDA is looking at passing new regulations that would change the standards for generic companies. This has been the Legal Minute, brought to you by BurgSimpson - Good Lawyers. Changing Lives. 1-800-BURG-4-LAW 1-800-287-4529 http://www.burgsimpsonohio.com
Views: 769 BurgSimpson
Suing Manufacturers of Generic Drugs - The Truth about Bartlett Vs. Mutual
 
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A PowerPoint presentation explaining the recent news story about the Bartlett vs. Mutual court case and how I believe that the media is misinforming people about what the verdict means for our country and for those who plan on taking legal action for injuries caused by taking a generic prescription drug. Please share this with anyone you know who has been injured by generic drug use and is in a similar situation to Karen Bartlett, especially if they plan on suing their medication's manufacturer in the near future!
Views: 257 DGPeoplesAdvocate
Generic drugs don't necessarily mean low prices
 
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NewsHour Weekend Megan Thompson reports on the surprising disparity in pricing for generic drugs. Generics, generally thought to be cheap, can actually vary widely in price from pharmacy to pharmacy, causing some to skip medications altogether.
Views: 5363 PBS NewsHour
You Cannot Sue the Manufacturer of a Generic Drug - Cleveland Attorney Peter Brodhead Explains
 
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You Cannot Sue the Manufacturer of a Generic Drug - Cleveland Attorney Peter Brodhead Explains http://www.spanglaw.com (877) 696-3303 Cleveland attorney Peter Brodhead talks about something that is very dangerous to the hundreds of thousands of people who take prescription drugs in this country. Every day, people take prescription drugs to cure, prevent or treat everything from a mild headache to cancer. On the market you have both a brand name drug and a generic version of the same drug which is offered a lower price point. You may be shocked to hear that if you take a generic drug you have absolutely no claim to a lawsuit if the drug is defective and caused you or your loved one harm. This is due to the fact that the generic drug has to develop and manufacture their drug in the closest possible way to the brand name drug -- they both contain the same chemical makeup. Because they have to follow the brand name drug company's formula, they are not liable for their own drugs that they produce. This was a decision upheld by the U.S. Supreme Court several times as the generic drug company has no other choice than to develop the same product and therefore they are not held responsible for your injuries. Watch the video to learn more. To learn more about defective drug law and my firm, visit our educational website at http://www.spanglaw.com. If you have legal questions, I want you to call me at (877) 696-3303. I welcome your call. Spangenberg Shibley & Liber LLP 1001 Lakeside Avenue East, Suite 1700 Cleveland, OH 44114 (877) 696-3303
AMA Warns Docs: Pay for Switches to Generics Risky
 
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Physicians who switch patients from a brand name drug to generic drugs could face criminal charges. AMA says that a physician who accepts payments from an insurer for switching a patient from brand name drugs to a generic drug "could potentially face both criminal and civil liability exposure under the federal anti-kickback statute."
Views: 485 nossline
Should Big Pharma be Protected Against Law Suits for Unlabelled Side Effects?
 
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In 2011 there was a US Supreme Court ruling that pharmaceutical companies making drugs during the life of their patent are liable for inadequate safety warnings on the label of the drug. In June of 2013 the same court ruled that generic drug producers were NOT liable for law suits related to adverse drug reactions not printed on the label so long as they are not purposefully being withheld. This federal law supercedes any state laws to the contrary. Of course this is a blow to patient safety as generic drug makers would no longer have incentive to monitor the safety of their products. For more information please visit www.doctorsaputo.com
Views: 107 DoctorSaputo
California court exposes drug makers to additional liability
 
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California court exposes drug makers to additional liability. A sharply divided California Supreme Court ruled Thursday that pharmaceutical companies can be held liable for warning labels on generic versions of drugs they once made even after they've sold the drugs to other companies and stopped manufacturing them. The 4-3 decision was a victory for consumer advocates, but the pharmaceutical industry had argued that such a finding would stifle innovation and lead to extraneous warnings on drugs that could deter people from using them. In a dissenting opini... --------------------- DONT FORGET SUBSCRIBE FOR ME : https://goo.gl/VPm8QD
Views: 1 Current Affairs
Mutual Pharmaceutical Co. v. Bartlett: Oral Argument - March 19, 2013
 
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Facts: In December 2004, Karen Bartlett's doctor prescribed Sulindac, a generic anti-inflammatory medication, to help treat her shoulder pain. Within months she began suffering from a severe reaction called Stevens-Johnson syndrome, which caused the skin condition toxic epidermal necrolysis. This condition deteriorated over 60 percent of her skin to the point of causing open wounds. As a result, she has suffered permanent and serious injuries, including near-blindness. Bartlett filed a lawsuit against the Sulindac medication manufacturer, Mutual Pharmaceutical Company. Bartlett initially presented several negligence and product liability claims, but only her design defect product liability claim made it to trial. Beginning in August 2009, a jury at the Federal District Court for the District of New Hampshire heard evidence that Sulindac was unreasonably dangerous to consumers and therefore was defectively designed. Mutual countered, among several other defenses, that federal law governs generic drug manufacturers' conduct; therefore Karen could not pursue a state design defect claim. After 14 days of trial, the jury deliberated and sided with Bartlett, awarding over $20 million in compensatory damages. Mutual appealed the decision for several reasons, including the following: the district court misunderstood New Hampshire product liability law; and, the court improperly admitted several pieces of evidence and the jury award of damages was excessive. Mutual also reasserted its claim that federal law should prevail over a state defective design claim. Despite Mutual's arguments, the United States Court of Appeals for the First Circuit affirmed the lower court's decision. Mutual appealed further to the Supreme Court of the United States, which granted certiorari. Question: Does federal law preempt a state design defect claim against a generic drug manufacturer? Conclusion: Yes. Justice Samuel A. Alito Jr. delivered the opinion for the 5-4 majority. The Court held that state law design-defect claims regarding the adequacy of a drug’s warnings are pre-empted by federal law which prohibits generic drug manufacturers from independently changing Food and Drug Administration (FDA) approved drug labels. New Hampshire state law obligates Mutual Pharmaceutical to place a stronger warning on the generic drug labels, a requirement that is irreconcilable with federal requirements. Therefore, the state law is pre-empted by the Supremacy Clause, which states that federal law supersedes that of the states. Justice Sonia Sotomayor wrote a dissent in which she argued that state law should not be pre-empted without evidence that Congress acted with the intent to supersede state law, especially in fields historically dominated by states. The objective of Congress in creating the law prohibiting the alteration of labels was to prevent misbranding as a protection for the consumer; state law requiring adequate warnings on labels complements this purpose. The New Hampshire design-defect laws are an incentive to avoid strict-liability not a mandate that product labels must be altered, so they are not irreconcilable with the federal law. She also argues that design-defect claims are distinct from failure-to-warn claims. Justice Ruth Bader Ginsburg joined in the dissent. In his separate dissent, Justice Stephen G. Breyer wrote a dissent arguing that Mutual Pharmaceutical could comply with both state and federal law by not doing business in the state. However, if Mutual Pharmaceutical options are limited by the conflicting laws to paying a substantial damages remedy or leaving New Hampshire and these options are an obstacle to the goals of the federal law, then the relevant state law is pre-empted. Without any direction from the relevant federal agency, the FDA, or a general pre-emption clause in the federal statute, he concludes that the New Hampshire law is not a substantial obstacle and should not be pre-empted. Justice Elena Kagan joined in the dissent. For more information about this case see: https://www.oyez.org/cases/2012/12-142 Section 1: 00:00:05 Section 2: 00:17:18 Section 3: 00:27:46 Section 4: 00:57:52 PuppyJusticeAutomated videos are created by a program written by Adam Schwalm. This program is available on github here: https://github.com/ALSchwalm/PuppyJusticeAutomated The audio and transcript used in this video is provided by the Chicago-Kent College of Law under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License. See this link for details: https://creativecommons.org/licenses/by-nc/4.0/
ALERT: Generic Drug Companies Cannot Be Sued For Failure to Warn
 
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If you took a generic drug and you believe you or a loved one were injured as a result, you may be eligible for compensation. Speak to a lawyer about protecting your legal rights. The consultation is free. Burg Simpson lawyer Janet Abaray can help: 1-800-713-9340. ************************************************** Considering a lawyer? Not sure if you have a case? Knowing your rights can be intimidating and confusing. That's why Burg Simpson's lawyers have created a vast archive of answers to your most pressing legal questions: http://www.burgsimpson.com/blogfeeds.html And if you can't find the answer you're looking for, give us a call. We can help. Burg Simpson 1-800-713-9340
Views: 138 BurgSimpson
Consumer Report with Brand and Generic Drugs
 
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Consumer Report-Brand and Generic Drugs. Reporter Shaun Gallagher, edited by Shaun Gallagher & Dan Koob.
Views: 302 Shaun Gallagher
Products Liability Law and Pharmaceuticals:Katharine R. Latimer, Hollingsworth LLP
 
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Katharine R. Latimer of Hollingsworth LLP, Washington, D.C., addresses the topic of "Products Liability Law and Pharmaceuticals" on a panel at the Northwestern Law Judicial Education Program's "Judicial Symposium on The Pharmaceutical Industry: Economics, Regulation, and Legal Issues", held in May 2009.
Views: 579 NorthwesternU
Zieve: FDA Approval and Preemption of Products Liability Claims
 
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Allison M. Zieve, of the Public Citizen Litigation Group, addresses the panel on "FDA Approval and Preemption of Products Liability Claims," at the Judicial Symposium on The Pharmaceutical Industry: Economics, Regulation, and Legal Issues, hosted by the Northwestern Law Judicial Education Program in May 2009.
Views: 139 NorthwesternU
Pharmaceutical companies against cheaper drugs
 
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Civil society has criticised attempts by multi-national pharmaceutical companies to combat South Africa's plans to make life savings drugs cheaper. They have added their voice to Health Minister Aaron Motsoaledi's condemnation.
Views: 392 SABC Digital News
Generic Drugs Just Got More Dangerous - The Ring Of Fire
 
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The FDA was supposed to issue new rules last year to make generic prescription drugs safer for American consumers. But so far, they’ve failed to take any action, which is leaving patients at risk and drug makers with a Get Out of Jail Free card. Ring of Fire’s Farron Cousins discusses this with attorney Howard Nations. Listen to Ring of Fire on Saturdays from 3pm - 6pm Eastern! Listen live via the Progressive Voices Channel on TuneIn: http://tunein.com/radio/Progressive-Voices-s189055/ Or find a station here: http://www.ringoffireradio.com/station/ Watch Ring of Fire every Sunday at 12pm Eastern/9am Pacific on Free Speech TV! Support Ring of Fire by subscribing to our YouTube channel: http://www.youtube.com/user/golefttv You can also support us here: http://www.ringoffireradio.com/support/ Your continued support keeps Ring of Fire on the air! Follow more of our stories at http://www.RingofFireRadio.com Be sociable! Follow us on: Facebook: http://www.facebook.com/RingofFireRadio Twitter: http://www.twitter.com/RingofFireRadio Google+: http://plus.google.com/118415831573195648557 Support us further by shopping on Amazon via our Amazon-Ring of Fire partnership link. A portion of the sales will come back to Ring of Fire at no extra cost to you. Bookmark and follow the link below and continue shopping as usual! Amazon - Ring of Fire partnership link: http://www.amazon.com/?tag=rinoffir-20
Views: 2289 The Ring of Fire
LLC Generic 1
 
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Views: 27 Albert Tan
Failure to Warn for Generic Drugs - Atty. Claudine Homolash comments
 
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Atty. Claudine Homolash discusses failure to warn injury claims for generic drugs. From The American Law Journal, aired 2013 on Philadelphia CNN-News affiliate WFMZ-TV. For more information, visit CQHFirm.com.
Views: 68 Claudine Homolash
Popular drugs in line to go generic
 
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In the next 14 months, seven of the world's 20 best-selling drugs will be available in generic form. Jeff Glor reports on the expiration of drug patents and what it means for consumers.
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