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The United States Supreme Court has agreed to hear a pharmaceutical company’s appeal regarding its liability to those alleging they were harmed by generic drugs. The Supreme Court will be examining a $21 million judgment won by a New Hampshire woman in a civil suit who alleged that she sustained severe and permanent injuries after taking a generic anti-inflammatory manufactured by Takeda Pharmaceutical Company’s Mutual Pharmaceutical Company unit.

The plaintiff alleges that the generic drug sulindac was unreasonably dangerous and designed defectively. She alleges that the drug required her to spend a year being fed from a tube, spend months in a coma, and undergo twelve eye surgeries with more to come. The defendant did not deny that sulindac caused the plaintiff’s reaction. Instead, it argued that the drug performed a needed function and that unfortunate reactions like the plaintiff’s happen occasionally.

The defendant also argued that, because it is a generic drug manufacturer and did not design the drug, it could not be liable for the side- effects. A jury found the defendant liable and awarded the plaintiff more than $21 million in damages. The United States Court of Appeals in Boston rejected the defendant’s arguments and upheld the large verdict in favor the of the plaintiff.

Bad Precedent?

Previously in 2011, the Supreme Court ruled that consumers harmed by the side effects of generic drugs could not bring a lawsuit alleging that they were not properly warned. In that case, the generic drug manufacturer was sued under state drug labeling law.

The Supreme Court reached its decision, in large part, because the Food and Drug Administration forbids generic drug manufacturers from changing a drug’s label unless the name-brand label is changed as well. In the end, it held that the Food and Drug Administration’s rules regarding labeling trumped those of states.

While the previous case is similar, it does not necessarily preclude a decision in favor the plaintiff in this case. The New Hampshire law in question provides that a drug has a design defect if the danger outweighs the utility of the product. Unlike the previous Supreme Court case, here the state law does not conflict with federal law.

Also, in this case, the plaintiff’s lawyers have argued that generic drug manufacturers still owe some duty to the ultimate consumers. Generic drug manufacturers still have a choice about selling dangerous drugs if they want to comply with the Food and Drug Administration’s rules, if the drug is dangerous or defective, they do not have to sell it.

The repercussions of the Supreme Court’s decision could be far-reaching. Some experts believe that a decision in favor of the pharmaceutical company would prevent any state law claims for products that are also regulated by the federal government. In addition, it could significantly reduce a consumer’s ability to bring a lawsuit against generic drug manufacturers.

Conversely, a decision in favor of the plaintiff could provide those injured by generic drugs some hope that they will have their day in court and an opportunity to seek justice. As always, if you have questions about these matters in our area, be sure to get in touch with a NH attorney and share your story.

You can’t predict where and when an accident will occur, it could be during work hours, or leisurely time; also when you’re silently going for a walk. It could be due to the carelessness of one individual or malfunction of a machine, product, or engine that may cause serious damage. It could result within delayed work and delayed income, or better yet, termination, particularly if the damaged body limb includes the one you’re frequently utilizing at work. It results in various kinds of personal injury claims that are as follows:

Occupational Injuries

While at work, you would not know what might occur, especially when you’re working within a construction site in which you’re given the dangerous responsibility of transporting materials like sacks of cement and hollow blocks up and down or to and fro a structure that’s being built. It could place you at risk to become slammed by falling debris even if you’re paying attention. Such injury claims could be filed if you’ve completed an incidental report in which you documented the entire incident which occurred in order for the necessary action to be taken.

Road Accidents

It’s possible to become hit anytime, and car crashes range from mild to severe and in some cases, even death. It could be a life changing occasion since it may do extended damage to your body like amputation of the lower and upper body parts. Thus, correct compensation must be acquired due to the individuals with this case not having the ability to work anymore due to the damage caused by the accident.

Medical Negligence

Currently, there are tons of clinical negligence claims, as there are lots of nurses and doctors who don’t perform their job correctly resulting in further injury. Occasionally, you’ll enter the hospital for a simple disease, and it’ll turn into a more complex case due to negligence.

One of a parent’s worst nightmares is discovering that their child’s birth injury or defect was preventable. Although accidents do happen, physicians, nurses, and other health care providers involved in the birth of a child are expected to adhere to a certain standard of competence.

Studies indicate that birth injuries occur in about 7 of every 1,000 births in the U.S. The injuries can occur as a result of the mother’s illness, drug or alcohol use, preexisting condition such as diabetes, reaction to medications, complications during labor or delivery, or from the negligence of the physician, nurse or facility.

In some instances, an incomplete medical history or examination of the pregnant mother may fail to diagnose a condition, such as gestational diabetes, which can lead to severe birth defects.

Some of the more common preventable birth injuries include:

Hypoxic Ischemic Encephalopathy

If the fetus is deprived of oxygen, it can result in brain trauma. Brain cells begin to die within five minutes, so physicians and staff need to be especially vigilant when monitoring the fetus. When the fetus is totally deprived of oxygen, the condition is called hypoxic ischemic encephalopathy.

Oxygen deprivation can occur as a result of compression by the umbilical cord, a ruptured blood vessel, respiratory failure, or other factors that a trained and competent staff should be able to detect in time. Should emergency measures like a cesarean procedure be delayed, the child may be saved but may have been deprived of oxygen for a sustained time. This can result in cerebral palsy, mental retardation, or other developmental problems.

Cerebral Palsy

This is a permanent, neurological condition caused by the lack of enough oxygen to the fetus, or from the improper use of forceps or vacuum extractors to induce delivery. A child born with this condition exhibits various degrees of a lack of nerve and muscle control, or exaggerated reflex movements. Although early intervention can help a child overcome many obstacles, the condition is not curable.

Depending on the severity of the condition, a child could also sustain hearing or vision loss, be incapable of speech, and have serious cognitive and developmental disabilities.

One cause of cerebral palsy is failure to diagnose a bacterial infection or inflammation of the umbilical cord. A condition called chorioamnionitis, a uterus infection, can significantly increase the risk of the fetus developing cerebral palsy.
Many cases of cerebral palsy are preventable and are due to a lack of supervision, poor training of staff, inadequate functioning equipment, and a failure to monitor or to detect distress in the mother or fetus.

Erb’s Palsy

Erb’s palsy is also known as a brachial plexus injury since it involves damage to the five nerves in the shoulder or brachial plexus area that control the movements from the spinal cord to the arm, hand and shoulder.

During a breech delivery, or where the child is delivered feet first, or other complicating factors in a delivery, the physician may pull on the baby’s arm, unduly stretching the nerves and in some cases severing the nerve root from the spine, called a complete avulsion. An incomplete avulsion is where the nerve is damaged, but the prognosis for recovery or for minimal damage is improved.

Surgery is usually recommended, but a complete avulsion injury will generally result in permanent damage.

If the possibility of a breech birth is detected early, a caesarean or c-section can be performed that can prevent the possibility of a brachial plexus injury.

Brain Trauma

Prolonged labor can also increase the risk of a birth injury. When the mother’s water breaks, delivery should take place within 24 hours. A delay could lead to brain damage to the fetus.

Other circumstances include a sudden cutoff of the fetal blood supply from circulatory problems, or a separation of the fetus from the uterine wall that may also reduce or cut off oxygen and blood.

Increased glucose levels can occur during prolonged labor and can result in brain trauma to the fetus if the baby’ blood sugar levels are not monitored and managed.

Birth Injuries: Who’s Held Responsible?

The responsible parties in a birth injury case can include the physician, nurse, anesthesiologist, other attending staff, the medical facility, as well as the manufacturer of any equipment that malfunctioned. You will need a birth injury lawyer to ensure that all necessary parties are included in your claim.

A physician is held to a minimum standard of care and is compared to how a comparable physician practicing or performing under similar conditions and circumstances would have acted. The physician may also be held liable for the acts, or omissions, of nurses, residents, and any staff who participated in the birth process as part of his or her supervisory capacity.

A medical facility can be negligent in having substandard equipment or failing to ensure its safe operation, as well as for training, hiring, and supervising the staff.

Nurses are also held to a standard of care separate from that of the physician. Their duties may be monitoring the mother and fetus and detecting danger signs that need to be communicated to the physician.

Filing a Birth Injury Claim in NH

The time limit for filing a New Hampshire birth injury claim in Exeter, Portsmouth, and Manchester and in the state of NH generally is three years from the date of the negligent act. For minors under the age of 8, malpractice claims must be filed by their 10th birthday.

Retain a New Hampshire Birth Injury Lawyer

The trauma of a birth injury involves many emotions. If your child has a birth defect or injury that you suspect could have been prevented, you need the knowledge and skill of a legal professional particularly a Birth Injury Lawyer who has handled such cases.

It is essential that you contact a New Hampshire birth injury lawyer, such as Ryan Russman, whose office both in Exeter and Portsmouth has the experience and litigation skills required in these very complex cases.

His office will obtain the necessary hospital records and conduct a thorough review with the assistance of medical experts to detect any medical errors or omissions that could have prevented the injury, and will pursue litigation if necessary. Contact Ryan Russman today for a free consultation.