At Altman & Altman, LLP, our dangerous drug lawyers represent patients and their families with products liability
claims against drug manufacturers, distributors, sellers, and other liable parties.
Lawyers who have experience filing defective drug claims are able to identify components that build strong
claims against drug manufacturers, including expert testimony.
You should also talk to a product liability lawyer about the possibility of getting compensation for your medical expenses and other damages through a product liability
claim against the drug manufacturer, or some other party responsible for the defect.
Not exact matches
The AAP concurs with the US Food and
Drug Administration and Consumer Product Safety Commission that
manufacturers should not
claim that a product or device protects
against SIDS unless there is scientific evidence to that effect.
Judge Carlos Lucero, in a partial dissent, argued
against such immunity: «The notion that a device
manufacturer is immune from liability for harm caused by its device when the
manufacturer has pushed the device for a use that the [U.S. Food and
Drug Administration] never approved is neither logical nor consistent with the Supreme Court's prior rulings about the scope of preemption of
claims arising from harm caused by medical devices.»
Her family then filed a wrongful death
claim against Zoloft's
manufacturer, Pfizer Pharmaceuticals, alleging that the
drug caused Brynn to go insane and its effects led her to commit the shootings.
Supreme Court Holds Warning
Claims Against Generic
Drug Manufacturers Are Preempted - Product Liability Update
The pursuit of
claims against drug and medical device
manufacturers by injured individuals serves a critical role in holding
manufacturers accountable and protecting consumers from unreasonable risks and dangerous products.
The high court is also unimpressed with the fact that the
drug giving rise to the product liability was distributed by a California company, presumably because the cause of action in question in the case was brought
against the
manufacturer as a strict liability defective product
claim, rather than as a
claim against a seller of the product arising from a warranty that the product was free of defects arising under the Uniform Commercial Code or an express warranty.
And third, in even the two most favorable jurisdictions for Wyeth — in California and Utah, where the highest courts of those states have categorically rejected strict liability design defect
claims involving prescription
drugs — courts recognize that negligent design defect
claims against prescription
drug manufacturers may still be pursued.
A recent Supreme Court ruling is limiting court actions by injured patients who have filed
claims against manufacturers of generic
drugs.
Specifically, in Rafferty v. Merck & Co., Inc., [4] the SJC held that plaintiffs who ingest the generic form of a
drug may bring failure to warn
claims against the brand - name
manufacturer of the
drug if the brand - name defendant acted recklessly by «intentionally fail [ing] to update the label on its
drug while knowing or having reason to know of an unreasonable risk of death or grave bodily injury associated with its use.»
Defended pharmaceutical
manufacturer against breach of contract and fraud
claims asserted by a
drug broker in Ohio federal court that settled after one week of trial.
The
Drug and Medical Device Product Liability Deskbook includes: detailed coverage of: warning - related claims and defenses; other information - based theories; strict liability; FDA - related per se liability; preemption of common law tort claims by the Food, Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other important top
Drug and Medical Device Product Liability Deskbook includes: detailed coverage of: warning - related
claims and defenses; other information - based theories; strict liability; FDA - related per se liability; preemption of common law tort
claims by the Food,
Drug & Cosmetic Act and FDA regulations; class actions in drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other important top
Drug & Cosmetic Act and FDA regulations; class actions in
drug and medical device litigation; theories of liability asserted against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other important top
drug and medical device litigation; theories of liability asserted
against entities other than
manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other important topics.