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Supreme Court gives Immunity to Pharmaceutical Companies

Centocor’s Remicade, a pharmaceutical drug used to treat patients with Chron’s Disease and rheumatoid arthritis, has been found to cause liver failure, serious infections of the body, and drug-induced lupus.

Patricia Hamilton, 47, began taking Remicade for her Crohn’s disease in December 2001; she developed drug-induced lupus the following year. Hamilton also claimed that the drug left her with an increased risk of liver failure. A Texas jury ruled in favor of Hamilton and awarded her over $9 million. Centocor, however, appealed the jury’s verdict and won.

Dallas Law Firm

In the case of Centocor vs. Hamilton, the Supreme Court decided that big drug companies do not have an obligation to warn patients about dangerous side effects associated with potent pharmaceutical medications.

Doctors and nursing homes have notoriously been protected from providing patients with full disclosure. This Supreme Court decision completes the medical industry trifecta of immunity by adding drug makers to the list. The Court stated that “a prescription drug manufacturer fulfills its duty to warn end users of its product’s risks by providing adequate warnings to the intermediaries who prescribe the drug and, once fulfilled, it has no further duty to warn the end users directly.” This provides no guarantee that consumers are actually being informed about medications.

With doctors and nursing homes already shielded from accountability, this decision completes the medical industry trifecta of immunity by adding drug makers to the list.

For information regarding defective drugs, drug recalls, or other pharmaceutical litigation, contact the Dallas Litigation Attorneys attorneys of the M&A Law Firm at 972-789-1664, 1-866-789-1664, or email at contact@dallasarealaw.com.

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