South Florida Generic Drug Lawyers
At Light & Gonzalez PLLC we actively investigate cases where a patient has been injured by the side effects of generic drugs and other prescriptions pharmaceuticals. Typically generic drug manufacturers are not liable to consumers who have been prescribed generic drugs under federal preemption doctrine, but our South Florida Generic Drugs Lawyers will aggressively look into your potential case to see if you have a claim against a generic drug company or another party that was responsible for communicating warnings to you or your doctor about the side effects of your prescription medication. In some circumstances a drug company may still be liable to you if you’ve been harmed by their medication. Additionally, other parties such as pharmacies and doctor could also be liable to you if they provide you with incorrect information.
We are available for consultation in Broward County, and handle cases throughout the country. Contact us today to speak with our experienced South Florida Generic Drug Lawyers who will review your case and explore your legal options.
HOW CAN WE HELP YOU?
Name Brand Drugs
Black Box Warnings
Failure to Warn
South Florida Generic Drug Lawyers
At Light & Gonzalez, PLLC our South Florida Generic Drug Lawyers are experienced in evaluating potential drug claims. If you have been the victim of taking an unsafe drug, our attorneys will carefully examine the facts of your case to see if you have an actionable claim. A lot goes into determining whether your claim could be valid, but our South Florida Lawyers will provide you with a free initial consultation. If our lawyers determine you may have a potential claim, our firm offers contingency fees to our clients where you will not pay a fee or costs unless we recover for you.
Generic Drugs and Failure to Warn
Two U.S. Supreme Court decisions have had a significant impact on bringing failure to warn claims related to injuries suffered from the side effects of generic drugs. In PLIVA v. Mensing, and Mutual Pharmaceuticals v. Bartlett, the United States Supreme Court ruled that the manufacturers of generic pharmaceuticals could not be held liable for failing to warn the patients that were prescribed their drugs. The highly controversial decision has been the subject of much debate and is currently being revisited by regulators.
Why Can’t Generic Drug Manufacturers be Held Liable?
In a nutshell generic drug manufacturers can’t be held liable for failing to warn the end consumers of prescriptions drugs because they lack the same control over the warning label that name brand manufacturers have. While a name brand manufacturer can change their warning label immediately after they become aware of information that would necessitates an update, under the currently regulatory scheme the U.S. Supreme Court has decided that generic drug manufacturers don’t have that same control.
Instead Generic Drug Manufacturer’s only responsibility is to ensure that their labeling matches the name brand manufacturer’s labeling and continuously kept up to date. Believe it or not, sometimes generic manufacturers fail to carry even this minimal burden, and in those cases there may be an actionable claim for “failure to update” the warning label, but it can still be difficult to prove this failure to update was the proximate cause of a patient’s injuries.
Alternative Claims Against Generic Drug Manufacturers
There may still be avenues for you to recover for injuries suffered from the side effects of generic drugs. The South Florida Generic Drug Lawyers at Light & Gonzalez, PLLC have studied case law very closely and under certain circumstances patients may be able to recover for their injuries from companys that may have exacerbated their injuries and masked the true side effects of the generic drugs. Contact our lawyers today to speak to an attorney qualified to handle your claim.
Contact Our South Florida Generic Drug Lawyers Today
Contact Light & Gonzalez, PLLC today to speak with South Florida Generic Drug Lawyers. We will discuss all of the options you have available, and we will work with you to try to achieve your goals for litigation.
REQUEST A FREE CONSULTATION
Fill out the form below to receive a free and confidential initial consultation.