I've been taking the generic form of a brand name drug and have recently been diagnosed with a condition linked to my use of that prescription. Do I still have a claim against the manufacturer of the drug?

A: According to recent U.S. Supreme Court decision Pliva, Inc. v. Mensing, you can no longer bring a claim against a generic manufacturer for failure to warn. In an opinion written by Justice Thomas, the Supreme Court determined that where manufacturers were required under state tort law to take certain action to warn a patient and his doctor, the federal law barred the manufacturers from taking that action. If you feel that you have been injured by a defective or dangerous generic drug, then you should seek the advice of an experienced pharmaceutical drug litigation lawyer to learn your rights as a consumer.

Don't hesitate to contact Kay Van Wey at (800)489-5082 for a free, no obligation consultation.

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The entire state of Texas, including Dallas, Plano, Frisco, McKinney, Fort Worth, Austin, Houston, and San Antonio

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