How Will Pliva v. Mensing Affect Generic Darvocet Lawsuits?
How will a Darvocet lawyer litigate against generic propoxyphene side effects in the wake of the potentially devastating Pliva, Inc. v. Mensing Supreme Court decision?
Two weeks after the decision came down, nobody is quite certain. It is unclear if the decision will bar generic makers like Teva and Barr Pharmaceuticals from liability for generic propoxyphene side effects like heart arrhythmia and cardiac arrest. Until a generic Darvocet lawsuit goes to trial, it will be unclear if brand name Darvocet maker Xanodyne Pharmaceuticals will be liable for generic propoxyphene side effects.
Generic Darvocet lawsuits have uncertain future
The court decision makes one thing clear. Generic makers will not be liable for side effects in state courts as long as they duplicate to a T the labels on brand name equivalents. It is less clear if generic makers will be liable for generic propoxyphene side effects in federal court, where a Darvocet lawyer may find an opening for generic liability. Again, it is too early to know where generic Darvocet lawsuits might find that opening.
But one thing is for sure. Darvocet lawyers will do everything in their power to fight for plaintiffs’ rights. As many critics of the decision have said (including the decision writer Judge Clarence Thomas, himself), the outcome of Pliva, Inc. v. Mensing “makes little sense.” In fact, it does worse. It endangers generic Darvocet users and all generic drug users by effectively telling generic drug makers that they are not responsible for the consequences of their product – they do not have to conduct research on their product. They can be complacent about old side effects that were known for years, and close their eyes to new adverse affects that may develop over time or become newly diagnosable due to improvements in technology.
Darvocet lawsuit consolidation soon?
The Pliva, Inc. v. Mensing decision is irrefutably dangerous to the American consumer. It is unclear exactly how it will affect people harmed by generic propoxyphene side effects. Regardless of the decision’s affect on the judicial process, generic Darvon and Darvocet lawsuits are certain to pour into US courts. The Judicial Panel on Multidistrict Litigation (JPML) may decide to consolidate those lawsuits when the panel next meets in late July. Once consolidated, a Darvocet lawyer may be better equipped to determine the best course of legal action against makers of a brand name drug and its generic counterparts that are responsible for thousands of accidental overdoses and deaths.