The Supreme Court of the United States recently heard oral argument in Mutual Pharmaceutical Company versus Bartlett which may open other ways to sue large drug companies. The decision or issues involves whether a woman who experiences serious side effects of a drug can file a lawsuit in State Court versus Federal Court. The case deals with the Federal Rule of Preemption which states that an individual cannot be in State Court but must sue the drug manufacturer in Federal Court. The Supreme Court has recently written laws that shield the drug manufacture from State lawsuits by injured people who take defective drugs.
The Bartlett case may have a huge effect on products liability, drug safety and the ability to get generic medications. I will keep everyone posted when this comes out. If anyone has been injured by a defective drug such as Yaz, Actos, Zoloft or any type of hip implant, please contact me at 407-315-2182 or through this website.
