Holy Shit! New Law: Drug Companies exempt from Lawsuits -Supreme Court Ruling

[elleng]

40. Thanks. Discussed yesterday.

http://www.democraticunderground.com/?com=view_post&forum=1002&pid=3203879

For those who might want to understand:

My post, #6, 'The Court’s ruling a week ago on behalf of generic drug makers is actually a continuation

of a ruling made by the same Court in 2011. At that time, the Justices ruled that the original inventors and manufacturers of pharmaceutical drugs, also known as ‘name brand’ drugs, are the only ones that can be sued for mislabeling, fraud or adverse drug reactions and side effects. If the generic versions of the drugs are made from the exact same formula and labeled with the exact same warnings as their brand name counterparts, the generics and their manufacturers were not liable.

The Court ruled, “Because it is impossible for Mutual and other similarly situated manufacturers to comply with both state and federal law, New Hampshire's warning-based design-defect cause of action is pre-empted with respect to FDA-approved drugs sold in interstate commerce."'

And Sgent's #10:'The drug company in this case had no control over the labeling on the drug, the prescribing information, or anything else. The wording was dictated to them by the FDA -- and they do not have standing to challenge that wording and remain a generic drug.

This lawsuit was not based on the idea that the drug company failed to deliver what was on the label, but rather that the label was incorrect. The problem is that the only person with the ability to change the label is either the original drug manufacturer through application or the FDA on its own initiative. The generic manufacturer has no ability otherwise.'