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.
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.
When a consumer brings a product
liability claim against a drug company, it is likely that the company will use a learned intermediary defense.
Not exact matches
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.»
Supreme Court Holds Warning
Claims Against Generic
Drug Manufacturers Are Preempted - Product
Liability Update
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.
So if you are making a
claim against a pharmaceutical company, for example, it helps to know that the Missouri product
liability law firm is able to take on defective
drug cases.
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.
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 importan
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 importan
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 importan
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 importan
liability asserted
against entities other than manufacturers; practical issues involving litigation management; the use of expert witnesses; and many other important topics.
Claims against NECC may rely on a strict products
liability theory, alleging that the contaminated
drugs contained a manufacturing defect.