In the News

CISPA Limits Incentives for Corporate Responsibly

The U.S. House of Representatives passed the Cyber Intelligence Sharing and Protection Act (CISPA), H.R. 624, last week and the bill is set to be taken up by the Senate quickly.  

While there is across-the-board agreement on the need to update the nation’s cybersecurity laws, CISPA contains broad provisions that eliminate the ability of harmed individuals and business to hold corporations accountable that have acted recklessly or negligently after receiving cyber threat information. 

Legal Rights in Question with FDA Action on Metal Hips

Taxpayers and patients could pay the price for faulty metal-on-metal hips when the U.S. Food and Drug Administration (FDA) reclassifies several metal-on-metal hips, requiring manufacturers to complete a premarket approval application (PMA) or product development protocol (PDP) in order to receive the agency’s approval.  The reclassification may put patients’ legal rights in question.

Take Action to Protect your Medicine Cabinet!

Generic drugs make up 80% of all prescriptions filled in the United States, and roughly 53 billion dollars in sales.  Despite that, the U.S. Supreme Court recently held in Pliva v. Mensing that generic drug manufacturers have no responsibility to update their warning labels when they learn of new side-effects.  As a result, generic drug makers cannot be held accountable, even if their drug injures or even kills someone. The Supreme Court left it to Congress to change the law.  

Read the real story of Camille Baruch to learn how the access of justice has been denied for generic drug patients.  

Congress needs to amend the law to allow both generic and brand manufacturers to be responsible for their drugs’ safety.  Send a message to your member of Congress today!

What Justice for Victims of Oklahoma Dentist?

As some 7,000 patients of a Tulsa dentist now face the real possibility that they have been exposed to HIV or hepatitis in his care, they also face harsh limits on their access to accountability and justice. 

WSJ LTE: Accountability for Generic Drugs

The Wall Street Journal ran my Letter to the Editor calling for accountability in the generic drug market over the weekend.  Currently, patients injured by generic drugs do not have access to the civil justice system in order to hold the negligent manufacturer accountable.  The civil justice system is a proven incentive to help improve consumer safety.  An excerpt from the letter can be found below, and the full text can be found online here

Accountability motivates drug makers to both produce safe products and monitor for new side effects after their drugs are approved and enter the marketplace. Generics make up 80% of the prescription drug market, and yet cannot be held responsible and are not subject to the same safety requirements as brand-name manufacturers.

Both generic and brand-drug manufacturers should have the same responsibility to monitor the safety and disclose information about the risks of their drugs.

Forced Arbitration Highlighted in Forbes

Forbes contributor John Wasik shares his opinion on how forced arbitration clauses systematically snub individual investors and small businesses:

“Main street won’t get a fair shake against Wall Street until little guys get their day in court.

But under current rules enforced by the industry’s self-regulator, at nearly every turn, they’re not even allowed to get into a courtroom, thanks to an agreement that limits them to binding arbitration that the industry controls.

Supreme Court to Decide if Generic Drug Patients will be Denied Justice

Take Justice Back highlights the story of Karen Bartlett, a victim of a dangerous generic drug

Washington, DC Simply because Karen Bartlett’s prescription was filled with a generic drug, not a brand, her legal rights are now in doubt.  The U.S. Supreme Court will hear Karen's case, Mutual Pharmaceutical v. Bartlett, today about the legal responsibility generic manufacturer’s have for the safety of their drug.  Take Justice Back is highlighting her story and fight for accountability with a new online video of Karen sharing her story in her own words.  

The Exorbitant Cost of Generic Drugs

This post was originally published on the Pop Tort blog and can be found here

Imagine you wake up with shoulder pain and go to your doctor who prescribes you an anti-inflammatory drug called Clinoril.  Your pharmacist then gives you a generic version of this medication (sulindac), perhaps for insurance reasons.  (We’ve all been there, right?) You take the generic medicine and suddenly, your skin starts burning off.  You spend two months in a burn unit, months in a medically induced coma, a year on a feeding tube, and end up severely disfigured with permanent lung, esophagus, and vision damage.  You can no longer read, drive, go to work, or even eat normally.  

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